RELATES TO:
KRS
61.878(1)(c),
224.1-400,
224.1-405,
224.10-410,
224.10-420,
224.10-430,
224.10-440,
224.10-470,
224.60-110,
224.60-120,
224.60-130,
224.60-135,
224.60-140,
224.60-150,
40 C.F.R.
280, Subpart H
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.60-130(1)(a) through (e)
requires the establishment of the procedures to administer the Petroleum
Storage Tank Environmental Assurance Fund (PSTEAF).
KRS
224.10-100(28) authorizes
the cabinet to promulgate administrative regulations not inconsistent with the
provisions of law administered by the cabinet.
KRS
224.60-120(6) requires the
cabinet to establish administrative regulations to implement the requirements
for financial responsibility of petroleum storage tank owners or operators.
This administrative regulation establishes procedures to administer the PSTEAF,
payment for third-party claims, financial audits, eligible company and
partnership certification, laboratory certification, and facility
ranking.
Section 1. Applicability.
(1) This administrative regulation shall
establish the eligibility requirements and procedures for a petroleum storage
tank owner or operator to make application, become an eligible applicant, and
receive reimbursement from the cabinet for the cost of corrective action due to
a release from a petroleum storage tank.
(2) Federally owned facilities shall not be
eligible for reimbursement from the PSTEAF in accordance with
KRS
224.60-115(16).
(3) Eligible reimbursement shall be made in
accordance with the reimbursement administrative regulations in effect at the
time work was performed.
Section
2. Application for Assistance for Reimbursement.
(1) A petroleum storage tank owner or
operator seeking reimbursement from the Financial Responsibility Account (FRA)
or the Petroleum Storage Tank Account (PSTA), shall:
(a) In accordance with
401 KAR 42:020, submit to the UST
Branch a complete and accurate UST Facility Registration, DWM 4225,
incorporated by reference in
401 KAR 42:020;
(b) Complete and submit a UST Application for
Assistance for PSTEAF, DWM 4282, including all required attachments;
(c) Enter into and submit, a contract in
accordance with Section 3 of this administrative regulation;
(d)
1.
Document that a release requiring corrective action from a petroleum storage
tank has occurred; or
2. Receive a
written directive from the UST Branch or Emergency Response Branch, in
accordance with
401 KAR 42:060; and
(e) Subrogate, to the cabinet, the
rights to recover costs of corrective action, for which the cabinet has
compensated the person seeking reimbursement, from the person responsible or
liable for the release in accordance with
KRS
224.60-140(14)(c).
(2) If an application for
assistance is found deficient by the UST Branch, a written correspondence,
stating the deficiencies, shall be issued to the applicant.
(a) Failure by the applicant to provide the
requested information and documentation within thirty (30) days of receipt of
the request shall cause the application for assistance to be denied.
(b) Denial of the application for assistance
shall not prevent the petroleum storage tank owner or operator from reapplying
if the requested documentation becomes available.
(3) If the applicant complies with the
requirements of subsection (1) of this section, the UST Branch shall determine
the eligibility of the applicant to receive reimbursement from either the FRA
or PSTA, in accordance with Section 4 of this administrative regulation, and
shall issue a written approval of the application for assistance.
(4) Reimbursement in accordance with an
approved application for assistance shall be restricted to:
(a) Actions directed in writing by the UST
Branch or Emergency Response Branch; and
(b) Initial and immediate response actions
taken at a facility, prior to a written directive, and not declared an
environmental emergency by the cabinet, and subject to the reimbursement
provisions established in Section 3.13 of the UST PSTEAF Reimbursement
Rates.
(5) If the
petroleum storage tank owner or operator seeking reimbursement from the PSTEAF
changes and the new petroleum storage tank owner or operator assumes
responsibility for the compliance with 401 KAR Chapter 42, the new petroleum
storage tank owner or operator shall submit an amended:
(a) UST Facility Registration, DWM 4225,
incorporated by reference in
401 KAR 42:020, in accordance
with
401 KAR 42:020, Section 2(4),
indicating a change in petroleum storage tank owner or operator; and
(b) UST Application for Assistance for
PSTEAF, DWM 4282, including all required attachments, within thirty (30) days
of the transfer of the petroleum storage tank.
(6) To maintain eligibility for participation
in and reimbursement from the PSTEAF, the petroleum storage tank owner or
operator shall maintain compliance with the requirements of this administrative
regulation.
Section 3.
Contracts.
(1) A petroleum storage tank owner
or operator shall obtain a contract from an eligible company or partnership to
be eligible for reimbursement from the cabinet for the performance of
corrective action or site check activities at a facility.
(2) In accordance with
KRS
224.60-130(1)(a), an
eligible company or partnership shall not require payment from an applicant in
an amount greater than the reimbursable amount.
(3) The contract shall be executed prior to
commencing corrective action or site check activities.
(4) If a contract is revised, a copy of the
revised contract shall be submitted to the UST Branch within thirty (30) days
of the revised contract execution.
(5) If a contract is terminated and a new
contract is executed:
(a) The petroleum
storage tank owner or operator approved for PSTEAF reimbursement shall submit a
notarized UST Affidavit of Termination of PSTEAF Contract, DWM 4280, to the UST
Branch; and
(b) A copy of the newly
executed contract shall be submitted to the UST Branch within thirty (30) days
of contract execution and prior to the commencing of corrective action or site
check activities by the new eligible company or partnership.
Section 4. Account
Placement.
(1) If participating in the FRA, a
petroleum storage tank owner or operator shall be eligible to receive
reimbursement for:
(a) Corrective action
costs;
(b) Site check activities
directed in writing by the UST Branch after September 13, 2006, that do not
confirm contamination above applicable screening levels; and
(c) Third-party claims in accordance with
Section 12 of this administrative regulation, incurred on or after April 9,
1990, if the petroleum storage tank owner or operator has:
1. Registered the petroleum storage tanks
with the UST Branch, in accordance with
401 KAR 42:020, prior to the
release requiring corrective action or site check activities;
2. Maintained UST system release detection as
required by
401 KAR 42:020. A petroleum
storage tank permanently or temporarily closed in accordance with
401 KAR 42:060, shall have been
in compliance with UST system release detection requirements prior to the
permanent or temporary closure of the system;
3. Maintained corrosion protection for the
petroleum storage tank system in accordance with
401 KAR 42:020;
4. Maintained overfill and spill prevention
for the petroleum storage tank system in accordance with
401 KAR 42:020 for those tanks in
use after December 22, 1998;
5.
Reported the release to the cabinet in accordance with
KRS
224.1-400(11) and
401 KAR 42:060;
6. Performed initial abatement procedures as
required by the UST Corrective Action Manual, incorporated by reference in
401 KAR 42:060; and
7. Submitted to the cabinet a UST Notice of
Intent to Permanently Close Underground Storage Tank or Piping, DWM 4266,
incorporated by reference in
401 KAR 42:060, if
applicable.
(2) A petroleum storage tank owner or
operator that is not eligible for participation in the FRA, shall be eligible
for reimbursement from the (PSTA) for corrective action costs, incurred on or
after April 9, 1990, or site check activities directed in writing by the UST
Branch after September 13, 2006, that do not confirm contamination above
applicable screening levels, if the petroleum storage tank owner or operator
has registered the petroleum storage tanks with the UST Branch in accordance
with
401 KAR 42:020.
Section 5. Entry Level.
(1) A petroleum storage tank owner's or
operator's entry level shall be equal to the financial responsibility
requirement, as established in
KRS
224.60-120(1), and shall be
deducted from the eligible reimbursement, except as established in subsection
(3) of this section.
(2) An entry
level shall be assessed upon confirmation of a release, constituting an
occurrence, that requires corrective action for which the applicant is seeking
reimbursement through the FRA and PSTA in accordance with subsection (1) of
this section, regardless of a petroleum storage tank owner's participation in
the Small Owner Tank Removal Account (SOTRA) in accordance with
401 KAR 42:330.
(3) The entry level shall not be deducted
from the eligible reimbursement if the petroleum storage tank owner or operator
performs:
(a) A site check directed by the UST
Branch in accordance with
401 KAR 42:060, that does not
confirm contamination requiring further action in accordance with 401 KAR
Chapter 42;
(b) An initial and
immediate response action in accordance with Section 2.2 of the UST Corrective
Action Manual, incorporated by reference in
401 KAR 42:060;
(c) Optional soil removal outside the
excavation zone during permanent closure in accordance with Section 4.16 of the
UST Corrective Action Manual, incorporated by reference in
401 KAR 42:060;
(d) Transportation and disposal of excavated
material contaminated above applicable screening levels within the excavation
zone during permanent closure in accordance with
401 KAR 42:060; or
(e) Transportation and disposal of pit water
contaminated above applicable screening levels within the excavation zone
during permanent closure in accordance with the UST Corrective Action Manual,
incorporated by reference in
401 KAR 42:060.
(4) Upon request by the petroleum
storage tank owner or operator, the UST Branch shall reimburse, upon final
payment, twenty-five (25) percent of the entry level if the petroleum storage
tank owner or operator has:
(a) Completed
corrective action at the facility within:
1.
180 days from the discovery of the release, for soil contamination only;
or
2. Twenty-four (24) months from
the discovery of the release, for groundwater contamination only or both soil
and groundwater contamination; and
(b) Been issued a no further action letter
without additional measures being required for an occurrence associated with
the submittal of a UST Application for Assistance for PSTEAF, DWM
4282.
(5) The applicable
entry level shall be equal to the financial responsibility requirement as
established in KRS
224.60-120(1), based on the
number of tanks owned or operated by the petroleum storage tank owner or
operator at the time of the occurrence associated with the submittal of an
application for assistance.
Section
6. Newly Discovered UST Systems.
(1) A newly discovered UST system encountered
at a facility during the performance of corrective action due to a release from
a registered petroleum storage tank shall not affect a petroleum storage tank
owner's or operator's account placement eligibility.
(2) The number of newly discovered tanks
shall not increase the entry level of the petroleum storage tank owner or
operator.
Section 7.
Establishing the Reimbursable Amount for a Written Directive.
(1) The reimbursable amount established for
the completion of a written directive issued by the UST Branch shall be based
on:
(a) The formulated task rates established
in Section 3.0 of the UST PSTEAF Reimbursement Rates; and
(b) For a specific task that does not have a
formulated task rate in the UST PSTEAF Reimbursement Rates, a cost estimate
shall be submitted by the owner or operator.
(2) The cost estimate shall include:
(a) A cost itemization to complete the
individual task using those personnel and equipment rates established in
Section 5.0 of the UST PSTEAF Reimbursement Rates applicable to individual
components of the task;
(b) Three
(3) bids from suppliers or manufacturers of corrective action equipment for
individual equipment purchase or rental, exceeding $3,000, if applicable,
containing a description of the equipment provided by the supplier or
manufacturer; and
(c) An estimate
for materials to be purchased, if applicable.
(3) The UST Branch shall establish the
reimbursable amount in a written directive based on the formulated task rates
established in the UST PSTEAF Reimbursement Rates and applicable, approved,
cost estimates.
(4) The cabinet
shall attach to the written directive:
(a) An
itemization of the reimbursable amount; and
(b) A UST Claim Request for Directed Actions,
DWM 4286.
(5) The
issuance of a written directive by the UST Branch shall, contingent upon
compliance with the provisions of Section 8 of this administrative regulation,
constitute an obligation and guarantee of payment of the reimbursable amount
identified within a written directive, in accordance with
KRS
224.60-140(5).
(6) Upon compliance with Section 8 of this
administrative regulation, the reimbursable amount established by the UST
Branch in a written directive shall, as applicable and in accordance with the
UST PSTEAF Reimbursement Rates, be adjusted as established in this subsection.
(a) The reimbursable amount for
over-excavation identified in the written directive issued by the UST Branch is
an estimate of the tonnage to be removed and shall be based on the volume and
density of material in the proposed excavation area. The UST Branch shall
convert cubic yardage to tons using a density of one and one-half (1.5) tons
per cubic yard. The reimbursable amount shall be adjusted based on:
1.
a. The
soil tonnage verified through the submittal of weigh tickets; or
b. If soil is disposed of at a permitted
disposal facility incapable of providing weigh tickets, a calculation of the
tonnage associated with the actual area and depth of over-excavation, not to
exceed the tonnage estimate identified in the written directive from the UST
Branch; and
2. The
actual quantity of water encountered during an over-excavation that is removed,
transported, and disposed of, contingent upon analytical confirmation that
contaminant levels of the water exceed the applicable groundwater screening
levels, and as documented by disposal manifests and limited to one (1) pit
volume.
(b) The
reimbursable amount for a Mobile Dual-Phase Extraction Event, identified in a
written directive issued by the UST Branch, shall be adjusted to include the
amount of water disposed as documented by disposal manifests, or the amount of
water verified by the eligible company or partnership as being treated on
site.
(c) The reimbursable amount
for operation and maintenance of an approved remediation system shall be
adjusted to include the actual cost of utilities as documented by invoices
submitted.
(d) If the UST Branch
has not received and approved the UST Application for Assistance for PSTEAF,
DWM 4282, prior to the issuance of the written directive, the reimbursable
amount identified in the written directive issued shall not include the
applicable formulated task rates for mobilization, per diem, and field
equipment cost. The UST Branch shall add the applicable formulated task rates
for mobilization, per diem, and field equipment to the reimbursable amount of
the submitted claim, in accordance with the UST PSTEAF Reimbursement Rates,
once an approved UST Application for Assistance for PSTEAF, DWM 4282, is
submitted.
(e) If the UST Branch
has not received a signed contract between the eligible applicant and the
eligible company or partnership prior to the issuance of the written directive,
the reimbursable amount identified in the written directive issued shall not
include the applicable formulated task rates for mobilization, per diem, and
field equipment cost. The UST Branch shall add the applicable formulated task
rates for mobilization, per diem, and field equipment to the reimbursable
amount of the submitted claim, in accordance with the UST PSTEAF Reimbursement
Rates, once the requirements of Section 3 of this administrative regulation are
met.
(f) If a written directive
issued by the UST Branch cannot be complied with to the extent necessary to
achieve a technically complete determination by the UST Branch, in accordance
with
401 KAR 42:060, for reasons
beyond the control of the applicant, or eligible company or partnership, the
previously approved reimbursable amount established in the written directive
shall, unless addressed in the written directive, be adjusted by the UST
Branch, with reference to the UST PSTEAF Reimbursement Rates and the
applicable, approved cost estimate, to deduct the cost of actions not
completed.
(g) If the UST Branch
rescinds an issued written directive prior to the completion of the entire
scope of work identified in the written directive, the previously approved
reimbursement amount shall be adjusted to reflect the cost of actions
completed, with reference to the UST PSTEAF Reimbursement Rates and the
approved cost estimate, if applicable.
(7) Reimbursement for an individual
corrective action equipment purchase or rental shall not include markup and
shall be limited to:
(a) The original purchase
price provided by the supplier or manufacturer, including applicable sales tax,
if purchased; or
(b) Rental costs
not exceeding the purchase price provided by the supplier or manufacturer, if
rented.
(8) The UST
Branch shall have final authority to determine all reimbursable actions
including site characterization and corrective action technologies in
accordance with
401 KAR 42:060.
Section 8. Reimbursement for a
Written Directive.
(1) Reimbursement for a
written directive shall be made after:
(a) The
submittal and approval of a UST Application for Assistance for PSTEAF, DWM
4282, in accordance with Section 2 of this administrative regulation;
(b) The UST Claim Request for Directed
Actions, DWM 4286, which shall include a payment verification affidavit as
required by KRS
224.60-140(18), with the
written directive that has been completed, signed, and submitted to the UST
Branch;
(c) The submittal of a UST
Payment Waiver, DWM 4289, executed by each affected vendor or subcontractor, as
applicable, in accordance with
KRS
224.60-140(18);
(d) The submittal of weigh tickets and
invoices documenting the actual cost of items that do not have a formulated
task rate established in the UST PSTEAF Reimbursement Rates or other required
backup documentation as indicated in the written directive;
(e) The technical report submitted in
response to the written directive once determined by the UST Branch to be
technically complete in accordance with the written directive and
401 KAR 42:060; and
(f) Payment has been received for all
applicable annual fees in accordance with
KRS
224.60-150 and
401 KAR 42:020, Section
2.
(2) Reimbursement
shall be contingent upon the contracted eligible company or partnership
complying with the requirements established in accordance with Section 19 of
this administrative regulation.
(3)
Reimbursement shall be contingent upon a certified laboratory performing the
required analysis in accordance with Section 20 of this administrative
regulation.
(4) If the contract
with the eligible company or partnership designated on a written directive is
terminated prior to the commencement of reimbursable activities in response to
the written directive, the obligation and guarantee of payment of the
reimbursable amount shall be void.
(5) The information completed by the UST
Branch on the UST Claim Request for Directed Actions, DWM 4286, attached to the
written directive, shall not be modified by the applicant or the eligible
company or partnership designated on the written directive.
(6) If the applicant fails to correct a
claim-related deficiency or to supply additional claim information, within
thirty (30) days of written notice from the UST Branch, that portion of the
claim shall be denied.
(7) The UST
Branch shall issue a determination in accordance with
KRS
224.60-140(7) as to whether
or not the costs submitted in the claim are eligible for
reimbursement.
(8) All claims shall
be submitted within two (2) years after issuance of a no further action letter
by the UST Branch, in accordance with
KRS
224.60-130(1)(n).
(9) If a request to re-evaluate the
reimbursable amount, established in accordance with Section 7 of this
administrative regulation, is submitted in accordance with Section 14 of this
administrative regulation, and a not-to-exceed amount is warranted, final
reimbursement shall be made on a time and material basis, which shall require:
(a) An itemization of the eligible company or
partnership invoice with supporting documentation;
(b) Itemized subcontractor and vendor
invoices with supporting documentation; and
(c) Time sheets to support all personnel time
billed for the completion of the scope of work identified in the written
directive.
Section
9. Reimbursement for Actions Not Directed in Writing.
(1) Reimbursement shall be made for the
following actions in accordance with the applicable formulated task rates
established in the UST PSTEAF Reimbursement Rates:
(a) Optional Soil Removal Outside the
Excavation Zone at permanent closure, in accordance with Section 4.16 of the
UST Corrective Action Manual incorporated by reference in
401 KAR 42:060;
(b) Transportation and disposal, treatment,
or recycling, at a permitted facility, of material or water contaminated above
applicable screening levels, removed from within the excavation zone, at
permanent closure, in accordance with the UST Corrective Action Manual
incorporated by reference in
401 KAR 42:060;
(c) Initial and immediate response actions,
identified in Section 3.13 of the UST PSTEAF Reimbursement Rates, taken at a
facility in accordance with Section 2.0 of the UST Corrective Action Manual,
incorporated by reference in
401 KAR 42:060, prior to a
written directive from the UST Branch or prior to the date of a declared
environmental emergency by the cabinet;
(d) Transportation and disposal of drums
containing purged water or soil cuttings associated with actions directed in
accordance with
401 KAR 42:060;
(e) Encroachment permit renewals necessary to
complete directed actions; and
(f)
Unscheduled maintenance of a remediation system installed in accordance with
approved corrective action activities. Pre-approval shall be required for one
(1) unscheduled maintenance event that will exceed $3,000 for material and
equipment.
(2)
Reimbursement shall be made after:
(a) The
approval of a UST Application for Assistance for PSTEAF, DWM 4282, in
accordance with Section 2 of this administrative regulation;
(b) The UST Claim Request for Actions Not
Directed, DWM 4285, which shall include the payment verification affidavit as
required by KRS
224.60-140(18), that has
been completed, signed, and submitted to the UST Branch;
(c) The submittal of a UST Payment Waiver,
DWM 4289, executed by each affected vendor or subcontractor, as applicable, in
accordance with KRS
224.60-140(18);
(d) The submittal of required backup
documentation as identified on the instruction sheet associated with each
worksheet;
(e) Payment has been
received for all applicable annual fees in accordance with
KRS
224.60-150 and
401 KAR 42:020, Section
2;
(f) The UST Optional Soil
Removal at Permanent Closure Reimbursement Worksheet, DWM 4288, has been
completed and submitted to the UST Branch for optional soil removal outside of
the excavation zone at permanent closure in accordance with
401 KAR 42:060 for actions listed
in subsection (1)(a) of this section, if applicable;
(g) The UST Miscellaneous Tasks Reimbursement
Worksheet, DWM 4287, has been completed and submitted to the UST Branch for
actions listed in subsection (1)(b), (c), (d), (e), or (f) of this section, if
applicable; and
(h) The technical
report submitted in accordance to subsections (1)(a), (b), or (c) of this
section has been deemed technically complete, if applicable, in accordance with
401 KAR Chapter 42.
(3)
Reimbursement shall be contingent upon the contracted eligible company or
partnership complying with the requirements established in accordance with
Section 19 of this administrative regulation.
(4) Reimbursement shall be contingent upon a
certified laboratory performing the required analysis in accordance with
Section 20 of this administrative regulation.
(5) The UST Branch may require additional
information and documentation, if necessary to determine that a request for
reimbursement is reasonable and necessary.
(6) If the applicant fails to correct a
claim-related deficiency, or to supply additional claim information, within
thirty (30) days of written notice from the cabinet, that portion of the claim
shall be denied.
(7) The UST Branch
shall issue a determination, in accordance with
KRS
224.60-140(7), as to the
eligibility for reimbursement of the costs submitted in the claim.
(8) All claims shall be submitted within two
(2) years after issuance of a no further action letter by the UST Branch in
accordance with KRS
224.60-130(1)(n).
Section 10. Facility Restoration.
(1) The UST Branch shall issue a written
directive in accordance with Section 7 of this administrative regulation, once
the applicant provides the information required by Section 5.9.2 in the UST
Corrective Action Manual, incorporated by reference in
401 KAR 42:060.
(2) If the UST Branch does not issue a
written directive in accordance with subsection (1) of this section, the
applicant may submit an obligation request to the cabinet, with the information
required by Section 5.9.2 of the UST Corrective Action Manual, incorporated by
reference in
401 KAR 42:060, for the
completion of facility restoration actions.
(3) Reimbursement for facility restoration
activities shall be made in accordance with Section 8 of this administrative
regulation.
Section 11.
Payment for Actions Directed by the Environmental Response Team. Payment for
actions directed and documented by the Environmental Response Team during a
declared environmental emergency shall not be governed by this administrative
regulation and shall be made in accordance with KRS Chapter 224.
Section 12. Third-Party Claims.
(1) An eligible third-party claim shall be
limited to bodily injury and property damage, asserted against an owner or
operator as a result of sudden or non-sudden accidental releases into the
environment from a petroleum storage tank at a facility eligible for
participation in the FRA.
(2) A
petroleum storage tank owner or operator shall be eligible to apply for
reimbursement or payment for a third-party claim if:
(a) The cabinet has approved an application
for assistance in accordance with Section 2(3) of this administrative
regulation; and
(b) The owner or
operator has maintained compliance with the eligibility requirements for
participation in the FRA in effect at the time the application for assistance
was approved.
(3) If a
petroleum storage tank owner or operator receives a written notice from the
cabinet indicating noncompliance with the eligibility of the FRA in accordance
with Section 4 of this administrative regulation, the petroleum storage tank
owner or operator shall only be eligible for reimbursement of the costs of
third-party claims brought against the petroleum storage tank owner or operator
within sixty (60) days from the date of the written notice.
(4) To assert a claim for payment or
reimbursement of a third-party claim, an eligible owner or operator shall:
(a) Submit a new UST Application for
Assistance for PSTEAF, DWM 4282; and
(b) Notify the cabinet of the assertion of
the third-party claim within twenty-one (21) days of service of process of an
action against the owner or operator by the third party, or the receipt of an
assertion of a claim in writing by a third party.
(5) A third-party claim shall be paid on the
basis of:
(a) A final and enforceable
judgment; or
(b) A written
agreement between a third party and the owner or operator, upon review and
concurrence by the cabinet.
(6)
(a) A
settlement of a third-party claim shall not be made by an owner or operator
without the prior approval of the cabinet.
(b) The cabinet shall not pay a third-party
judgment, or reimburse an owner or operator for payment of the judgment, in an
amount exceeding a settlement offer rejected by the owner or operator if the
settlement offer was:
1. Not submitted to the
cabinet for consideration; or
2.
Previously approved by the cabinet.
(7) Claim payment shall be limited to actual,
documented, bodily injury and property damage caused by the release of
petroleum.
(a) A claim for bodily injury and
property damage shall be paid to the extent that the damages are not addressed
by the performance of corrective action.
(b)
1. The
aggregate amount of payment of all third-party claims shall not exceed
$1,000,000 per occurrence.
2. Claim
requests shall be submitted on the UST Third-Party Claim, DWM 4292.
(c) The cabinet shall acquire by
subrogation the right of the third-party to recover, from the person
responsible or liable for the release, the amount of damages paid to the
third-party.
(d) Reimbursement for
third-party claims shall be made in accordance with Section 21 of this
administrative regulation.
(e)
Payment of a third-party claim shall be made after approval by the
cabinet.
Section
13. Eligible and Ineligible Costs.
(1) Eligible costs for regulated petroleum
storage tanks containing motor fuel shall include:
(a) Initial and immediate response actions
directed by or approved by the UST Branch or Emergency Response Branch in
accordance with Section 2.0 of the UST Corrective Action Manual, incorporated
by reference in
401 KAR 42:060;
(b) Site checks at a facility, in accordance
with a written directive issued after September 13, 2006 by the UST
Branch;
(c) Tank and line tightness
testing as requested in writing by the UST Branch in conjunction with site
check, site investigation, or corrective action activities for a
facility;
(d) Performance of
"corrective action" as defined by
KRS
224.60-115(4), due to a
release of motor fuel from a regulated petroleum storage tank system, upon
written direction by the UST Branch;
(e) Transportation, disposal, or treatment at
a permitted facility, and replacement of excavated material, contaminated above
applicable screening levels:
1. Within the
excavation zone, excluding the tank volume, in accordance with Section 4.0 of
the UST Corrective Action Manual, incorporated by reference in
401 KAR 42:060; or
2. Outside the excavation zone, in accordance
with Section 4.16 of the UST Corrective Action Manual, incorporated by
reference in
401 KAR 42:060;
(f) Transportation and disposal,
treatment, or recycling, at a permitted facility, of free product or water,
contaminated above screening levels encountered:
1. Within the excavation zone, during
activities in accordance with Section 4.0 of the UST Corrective Action Manual,
incorporated by reference in
401 KAR 42:060; and
2. During activities in accordance with
Section 4.16 of the UST Corrective Action Manual, incorporated by reference in
401 KAR 42:060;
(g) A fifteen (15) percent total
markup above the invoice associated with a task for which there is not a
formulated task rate established in the UST PSTEAF Reimbursement
Rates;
(h) Surface material to
replace removed or damaged areas directly associated with corrective action
activities, upon written direction by the UST Branch; and
(i) Other costs, associated with corrective
action activities, as required in a written directive issued by the UST Branch
for the facility.
(2)
Ineligible costs for regulated petroleum storage tanks containing motor fuel
shall include:
(a) Except as established in
subsection (1) of this section, costs incurred prior to written approval by the
UST Branch;
(b) Costs incurred for
the purpose of complying with the requirements of
401 KAR 42:020;
(c) Replacement, repair, maintenance, or
retrofitting of tanks or piping;
(d) A cost associated with a release from a
storage tank exempt from requirements of 401 KAR Chapter 42, as established in
KRS
224.60;
(e) A cost or cost recovery for governmental
emergency services;
(f) A cost of a
party employed to act as a surrogate or stand-in for the owner or operator of
the facility;
(g) Preparation of
documentation, cost estimates, written agreements, contracts, or client
invoices that will be submitted to the UST Branch for reimbursement
purposes;
(h) Except as established
in
401 KAR 42:330, costs related to
the removal or actions incidental to the removal of a tank system;
(i) Road mileage beyond 1,000 miles round
trip;
(j) Reimbursement for work or
a portion of work, performed at a facility if the results of laboratory
analysis do not confirm the need for corrective action, or for actions to
achieve contaminant concentrations less than those directed by the cabinet,
except for investigatory or corrective actions directed from the UST Branch in
writing;
(k) Work performed that is
not in compliance with safety codes;
(l) Free product recovery from monitoring
wells or borings during corrective action activities, unless directed in
writing by the UST Branch;
(m)
Costs incurred to replace a monitoring well destroyed, damaged, or that cannot
be accessed or located due to actions within the control of the
applicant;
(n) Costs incurred for
the purpose of compliance with permit conditions for permitted soil treatment
facilities;
(o) Costs incurred for
the removal, transportation and disposal, recycling, or treatment of free
product from within the excavation zone of a UST system, that is not
permanently closed, for which contamination above applicable screening levels
outside the excavation zone has not been confirmed;
(p) Costs relating to compliance with a local
program having corrective action standards more stringent than those directed
by the cabinet;
(q) A laboratory
"rush" fee, unless directed by the UST Branch;
(r) Costs of resampling and laboratory tests
performed as a result of an operational or methodology mistake by the
analytical laboratory, or costs for an analytical laboratory to become
certified or accredited in accordance with the requirements of
KRS
224.60-130(1)(a) and Section
20 of this administrative regulation;
(s) Laboratory costs incurred after the
laboratory certification eligibility expiration date;
(t) Costs incurred for additional assessment
or corrective action plan modification necessary as a result of delayed
implementation of the corrective action plan, beyond the deadline established
in writing by the UST Branch;
(u)
Costs incurred as a result of delayed implementation of a written directive,
beyond twelve (12) months from the issuance date of the deadline established in
writing by the UST Branch;
(v) The
portion of a lease or rental cost for capital equipment that exceeds the
purchase price of the equipment;
(w) Equipment replacement costs covered by
equipment warranty;
(x) Payment of
the owner's or operator's personnel for overtime or for staff time in planning
or implementing "corrective action" as defined by
KRS
224.60-115(4);
(y) Out-of-state travel expense, including
air fare;
(z) Contractor markup
expense for a normally expected overhead item or in-stock material;
(aa) Contractor markup expense for personnel
costs;
(bb) Markup for pass-through
costs for utilities and employee expense accounts;
(cc) Fifteen (15) percent markup for the
costs of corrective action for an eligible company or partnership that employs
a subcontractor, a subsidiary company, or other vendor, that is affiliated with
the eligible company or partnership or a principal of the eligible company or
partnership;
(dd) Except as
directed by or approved by the cabinet during an emergency response in
accordance with subsection (1)(a) of this section, overtime for eligible
company or partnership personnel exceeding forty (40) hours, individually,
during a standard workweek;
(ee)
Actions resulting from contractor error or negligence;
(ff) A contractor surcharge implemented
because the owner or operator failed to act in a timely fashion;
(gg) Costs covered by the contractor's
liability insurance;
(hh) Costs
covered by insurance payable to the owner or operator;
(ii) Interest on an overdue account or loan;
(jj) Loss of business, income, or
profits;
(kk) An attorney fee
related to:
1. Judicial or administrative
litigation;
2. Consultation on
administrative regulations;
3.
Preparation or submittal of documentation related to the reimbursement process;
or
4. Other legal services not
integral to the performance of corrective action;
(ll) Corrective action costs incurred after
the eligible company or partnership eligibility expiration date;
(mm) Corrective action activities performed
subsequent to the issuance of a no further action letter, unless directed in
writing by the UST Branch;
(nn)
Facility or aesthetic improvements, including costs to upgrade the facility,
except for approved surface replacement in accordance with Section 10 of this
administrative regulation;
(oo)
Decreased property values for the facility;
(pp) Costs of surface material replacement
for areas not removed or damaged as part of corrective action; and
(qq) Unreasonable or unnecessary costs and
expenses for corrective action, in accordance with
KRS
224.60-140(5).
Section 14. Re-Evaluation of a
Reimbursable Amount.
(1) If the applicant
determines that the scope of work or portion thereof, required in a written
directive cannot be completed without exceeding the reimbursable amount
established, a request for re-evaluation of the reimbursable amount may be
submitted to the UST Branch. The request for re-evaluation shall include:
(a) The UST Re-Evaluation of a Reimbursable
Amount, DWM 4291 form;
(b) If
applicable, three (3) current written estimates from subcontractors in the area
in which the facility is located, for services or materials not provided by the
contracting company or partnership;
(c) If applicable, a copy of any previously
approved cost estimate that will be used to perform any portion of the
directive; and
(d) An itemized cost
breakdown of the eligible company's or partnership's time and materials to be
used for the completion of the written directive. The personnel rates
established in Section 5.2 of the UST PSTEAF Reimbursement Rates shall be used
for the contracted eligible company employee rate charges.
(2)
(a) The
UST Branch shall review the re-evaluation request and determine if a new
reimbursable amount shall be established.
(b) The review shall be based upon the
reasonable and necessary costs for the scope of work.
(c) The UST Branch shall include a fifteen
(15) percent markup for the contracted eligible company in addition to the
total requested amount. The fifteen (15) percent markup shall not apply to
personnel rates for the contracted eligible company, which shall be as
established in Section 3.0 of the UST PSTEAF Reimbursement Rates.
(3) If the amount established in
accordance with subsection (2) of this section:
(a) Exceeds the initial reimbursable amount
established, the UST Branch shall establish a new reimbursable amount;
or
(b) Is less than or equal to the
initial reimbursable amount established, the UST Branch shall deny the request
for re-evaluation.
(4)
(a) If the establishment of a new
reimbursable amount is warranted, final reimbursement shall be determined by
the UST Branch based upon documentation received and shall include a fifteen
(15) percent markup, except for the contracted eligible company personnel
rates.
(b) The appropriate
supporting documentation shall be submitted to the UST Branch, in accordance
with Section 8 of this administrative regulation, as an attachment to the
claim.
Section
15. Reconsideration for a Claim.
(1) An applicant may request a
reconsideration of a denial of a claim request, or portion thereof.
Reconsideration shall be requested by submitting a completed UST
Reconsideration Request, DWM 4290, within thirty (30) days from the date the
person has notice, or could reasonably have had notice, of the denial, which
shall include:
(a) A statement of the grounds
for reconsideration;
(b) Supporting
documents; and
(c) If applicable,
other evidence not previously considered.
(2) The cabinet shall review the previous
claim decision and shall revise the claim if the evidence accompanying the
request warrants revision by demonstrating clear error or through submittal of
additional documentation.
(3) The
cabinet shall not reconsider a claim more than once without new supporting
documentation.
Section
16. Signatures.
(1) Application
and reimbursement forms required by this administrative regulation for which a
signature is required shall be signed by:
(a)
An eligible petroleum storage tank owner or operator;
(b) Legally authorized representative;
or
(c) A person designated by a
court to act on behalf of the eligible petroleum storage tank owner or
operator.
(2) A claim
form or application for assistance shall also be signed by an authorized
representative of the eligible company or partnership, unless corrective action
commenced prior to July 1, 1999.
(3) The owner or operator shall submit
documentary evidence to substantiate the legality of an authorized
representative's power of agency or power of attorney.
Section 17. Financial Audits.
(1) The cabinet may, in accordance with
subsection (2) of this section, conduct a financial audit if the entity is
referenced in KRS
224.60-130(1)(k).
(2) The cabinet shall have the authority to
audit an entity if:
(a) A required document,
or other document relevant to a cabinet determination, submitted to the cabinet
appears to be fraudulent; or
(b)
There is evidence that the entity has violated a federal or state law or a
requirement of KAR Title 401 related to its actions.
(3) Upon written request by the cabinet,
records, as established in
KRS
224.60-130(l)(k), shall be
provided to the cabinet during a financial audit.
(4) The cabinet shall notify the subject of
the audit, in writing, of the date that the audit is scheduled to begin. The
notice shall be sent at least ten (10) working days before the scheduled start
of the audit or a rescheduled audit.
(5)
(a) If
the petroleum storage tank owner or operator fails to maintain records as
required by KRS
224.60-130(1)(k), the
cabinet shall recover any monies reimbursed to the owner or operator for the
cost of corrective action at the facility to which the missing documents
relate.
(b) If an eligible company
or partnership or subcontractor fails to maintain records as required by
KRS
224.60-130(1)(k), the
cabinet shall recover any monies paid to the entity pursuant to a contract or
agreement to perform a corrective action service at that facility, for which
costs have been reimbursed by the cabinet.
(6) If the audit by the cabinet finds an
improper, irregular, or illegal use of any monies received directly or
indirectly from the cabinet, or that the monies were obtained by fraud or
misrepresentation, the cabinet shall report the results of the audit to the
proper authorities for civil and criminal investigation.
(7)
(a)
Reimbursements to an owner or operator that fails to cooperate with an audit
shall be grounds for recovery by the cabinet.
(b) Failure by an entity, that contracts or
subcontracts for corrective action services at a facility, to cooperate with an
audit shall result in the recovery of funds paid by the cabinet for corrective
action services at that facility.
Section 18. Account Balance.
(1) The unobligated balance of the FRA shall
not be less than $1,000,000, to ensure a reserve balance adequate to comply
with federal financial responsibility requirements for participants in the
account.
(2)
(a) If the unobligated balance of the FRA is
$1,000,000, or the reimbursement of additional claims would cause the
unobligated balance of the fund to be less than $1,000,000, the cabinet shall
immediately suspend claim reimbursements and the approval of applications until
the unobligated balance is greater than $1,000,000.
(b) If the suspension is lifted, the priority
of reimbursement for claims submitted related to an approved application for
assistance shall be determined by the date of the claim submittal.
(c) During the suspension, all written
directives from the cabinet shall be issued in accordance with Section 21 of
this administrative regulation.
Section 19. Eligible Companies and
Partnerships.
(1) To be eligible to contract
with a petroleum storage tank owner or operator seeking reimbursement from the
cabinet, a company or partnership shall:
(a)
Employ or contract with a professional engineer or a professional
geologist;
(b) Be authorized to
conduct business in the Commonwealth of Kentucky and remain active, and in good
standing, with the Kentucky Secretary of State;
(c) Hold, in good standing, all licenses,
permits, training certifications, or other authority required to perform
corrective action services, or otherwise conduct business, in
Kentucky;
(d)
1. Maintain, at a minimum, general and
professional liability insurance and pollution or property coverage in the
amount of $1,000,000; and
2. Add
the cabinet as an additional interest on the policy to be notified, by the
insurance company, if there is a lapse of insurance coverage;
(e) Be approved in writing by the
cabinet as eligible to contract with a petroleum storage tank owner or operator
seeking reimbursement from the cabinet to perform corrective action
services;
(f) Submit the UST
Application for PSTEAF Eligible Companies or Partnerships, DWM 4284;
and
(g) Sign an application or
claim payment request in addition to the eligible owner or operator. The
eligible company or partnership shall certify that:
1. The information provided in the claim is
true and correct; and
2. Each claim
payment cost is reasonable, necessary, and was performed in compliance with
401 KAR 42:060 and this
administrative regulation.
(2) Application requirements for a company or
partnership eligibility shall include submittal of:
(a) A completed UST Application for PSTEAF
Eligible Companies or Partnerships, DWM 4284;
(b) Verification of the employment or
contracting of a professional engineer or a professional geologist;
and
(c) A list of the names and
address of officers and principals of the applicant.
(3) The cabinet shall inspect the records and
business premises of the applicant if necessary to verify information in the
application or to assist in the evaluation of the applicant's
capabilities.
(4) The cabinet shall
require additional information and documentation if necessary to verify
information in the application.
(5)
An application for eligible company or partnership status shall be denied if
the applicant:
(a) Fails to provide the
information required in the application or in this administrative
regulation;
(b) Does not comply
with the requirements of subsection (1) of this section;
(c) Fails to allow cabinet staff to access
company records for audit purposes in accordance with Section 17 of this
administrative regulation;
(d)
Fails to provide additional information and documentation requested by the
cabinet to verify that the requirements of this administrative regulation have
been met;
(e) Provides false or
misleading information in the application; or
(f) Fails to maintain general and
professional liability insurance and pollution or property coverage.
(6) An applicant whose application
for company or partnership eligibility is denied may appeal the determination.
Appeal shall be made by requesting a reconsideration in accordance with Section
15 of this administrative regulation.
(7) The cabinet shall issue a letter of
eligibility to a qualifying applicant.
(8) An amended application for a company or
partnership shall be submitted if:
(a) The
information in the UST Application for PSTEAF Eligible Companies or
Partnerships, DWM 4284, has changed; or
(b) Requested by the cabinet to submit an
updated application upon the receipt of information indicating a change to
application information.
(9) Eligibility and renewal procedures shall
be as established in paragraphs (a) through (d) of this subsection.
(a) The cabinet shall issue a letter of
eligibility to each company or partnership that successfully complies with this
administrative regulation.
(b)
Eligibility shall be renewed two (2) years from the date of the letter of
eligibility. The company or partnership shall be responsible for renewing
eligibility prior to expiration.
(c) An application for eligibility renewal
shall be submitted to the cabinet on the UST Application for PSTEAF Eligible
Companies or Partnerships, DWM 4284.
(d) The failure of the company or
partnership, under contract with an owner or operator, to renew eligibility
shall render corrective action costs incurred after the expiration date
ineligible for reimbursement.
(10) Revocation of eligibility procedures
shall be as established in paragraphs (a) and (b) of this subsection.
(a) A letter of eligibility issued in
accordance with this administrative regulation shall be revoked if the eligible
company or partnership:
1. No longer complies
with the eligibility requirements established in subsection (1) of this
section;
2. Employs, or has a
business relationship with, an employee or agent that knowingly submits
materially false information or documentation, or a false payment request, to
an owner, operator, or the cabinet;
3. Has a current officer, director, or
principal of that company, that has been convicted of, or found liable for,
civil or criminal fraud or an environmental crime;
4. Has failed to comply with the terms
established in Section 17 of this administrative regulation; or
5. Obtained eligibility through fraud or
misrepresentation.
(b)
The cabinet shall issue a letter by certified mail notifying a noncompliant
company or partnership that its eligibility has been revoked by action of the
cabinet.
Section
20. Laboratory Certification.
(1)
Applicability and requirements for PSTEAF eligibility criteria for laboratory
certification shall be as established in this section.
(a) Owners or operators seeking reimbursement
from the PSTEAF for analytical testing shall utilize a laboratory certified in
accordance with this section.
(b)
This section shall apply to analytical testing performed on or after October 1,
1999.
(c) Owners or operators of a
petroleum storage tank that fail to comply with this requirement shall not be
reimbursed by the cabinet for costs related to analytical testing.
(2) Certification requirements for
laboratory certification shall be as established in paragraphs (a) and (b) of
this subsection.
(a) A laboratory shall
demonstrate current accreditation by submitting documentation of certification
by:
1. The American Association for Laboratory
Accreditation; or
2. A state
approved to accredit environmental laboratories, in accordance with National
Environmental Laboratory Accreditation Program requirements and
standards.
(b) A
laboratory seeking certification from the cabinet shall submit:
1. A completed UST Application for Laboratory
Certification, DWM 4283; and
2.
Proof of accreditation as established in paragraph (a) of this
subsection.
(3) The cabinet shall reimburse a petroleum
storage tank owner or operator for the cost of a laboratory analysis if the:
(a) Analysis is conducted in accordance with
the established parameters and methods;
(b) Analysis is required by written directive
by the cabinet and performed in accordance with 401 KAR Chapter 42;
and
(c) Laboratory is certified by
the cabinet to conduct that analysis.
(4) Requirements for maintaining laboratory
certification shall be as established in paragraphs (a) through (c) of this
subsection.
(a) A certified laboratory shall
maintain accreditation by the American Association for Laboratory Accreditation
or the National Environmental Laboratory Accreditation Program for the duration
of certification.
(b) If a
certified laboratory's accreditation, in accordance with subsection (1) of this
section, is renewed, or otherwise changes in status, the certified laboratory
shall submit updated documentation of the accreditation status to the cabinet
within thirty (30) days.
(c) If a
certified laboratory fails to maintain certification in accordance with this
subsection, the laboratory shall be required to submit a UST Application for
Laboratory Certification, DWM 4283, in accordance with subsection (2) of this
section.
(5)
(a) The cabinet shall revoke a certification
if the applicant:
1. Obtains the certification
through fraud or misrepresentation; or
2. Knowingly or intentionally submits
materially false information to owners, operators, contractors, or the
cabinet.
(b) The cabinet
shall, within ten (10) days of a revocation determination, notify the
laboratory, in writing, of the revocation of certification.
Section 21. Facility
Ranking System.
(1) Upon a determination of
insufficient PSTEAF funding to initiate corrective action at facilities,
facilities shall be ranked according to the extent of damage to the
environment, the potential threat to human health, and the financial ability of
the petroleum storage tank owner or operator to perform corrective action, in
order to prioritize the completion of corrective action and the subsequent
reimbursement of eligible costs.
(2) Actions directed and documented by the
Environmental Response Team, upon the cabinet's declaration of an environmental
emergency, shall take priority over the ranking system in this administrative
regulation. Once the Environmental Response Team terminates the emergency
phase, subsequent actions at the facility shall be prioritized in accordance
with this administrative regulation.
(3) Actions performed by, or on behalf of,
the cabinet in accordance with
KRS
224.60-135(2) shall not be
subject to the ranking system.
(4)
Facilities performing site checks or initial abatement, at the written
direction of the cabinet in accordance with the UST Corrective Action Manual,
incorporated by reference in
401 KAR 42:060, shall not be
subject to the ranking system.
(5)
Those facilities for which the owner or operator has verified, through
submittal of a notarized UST Affidavit of Waiver for PSTEAF Reimbursement, DWM
4281, that reimbursement from the PSTEAF will not be sought shall not be
subject to the ranking system.
(6)
(a) Facilities eligible to participate in the
FRA and the PSTA shall be ranked for purposes of addressing the completion of
corrective action.
1. Facilities with releases
for which the cabinet has not issued a no further action letter shall be a Rank
1, if:
a. Contamination is confirmed within
domestic-use wells, domestic-use springs, or domestic-use cisterns exceeding
the maximum contaminant levels established in 401 KAR Chapter 8; or
b. "Vapor intrusion", as defined by
401 KAR 42:005, Section 1(65), is
confirmed in occupied residential or commercial buildings.
2. All other facilities with releases for
which the cabinet has not issued a no further action letter shall be a Rank
2.
(b) Facilities shall
be further categorized within their respective rank based on the financial
ability of the owner or operator.
1.
Facilities shall be placed in Category 1 within their respective rank if:
a. The owner's or operator's average total
income for the last five (5) years is less than or equal to $100,000;
or
b. The owner or operator is
registered and recognized by the federal government as a tax-exempt nonprofit
organization.
2.
Facilities shall be placed in Category 2 within their respective rank if the
owner's or operator's average total income for the last five (5) years is more
than $100,000.
3. The cabinet shall
utilize the information provided in an owner's or operator's application for
assistance for PSTEAF, for purposes of determining financial ability to perform
corrective action.
(c)
The cabinet shall be provided access to a facility for the purpose of verifying
classification. Refusal by an owner or operator to allow access requested by
the cabinet shall render the facility ineligible for reimbursement from the
cabinet.
(d) If the cabinet
receives misrepresentations or otherwise inaccurate information, or receives
new information related to specific facilities, it shall amend facility
rankings and categories in accordance with this subsection of this
section.
(e) Issuance of written
directives shall be prioritized for facilities within the FRA and the PSTA,
respectively, according to rank and category, in the following order:
1. Rank 1, Category 1;
2. Rank 1, Category 2;
3. Rank 2, Category 1; and
4. Rank 2, Category 2.
(f) The cabinet shall consider the current
legislatively enacted budget and available funding in making the allocations
established in subsection (1) of this section.
(g) The cabinet shall notify an owner or
operator of the decision to suspend written directives for rankings within
either the PSTA or the FRA, upon a determination of insufficient PSTEAF funding
to initiate corrective action in all rankings.
Section 22. Extensions.
(1) The owner or operator of a UST system may
request an extension to a deadline established by this administrative
regulation or established by the cabinet in a written directive.
(2) The extension request shall be received
by the UST Branch of the Division of Waste Management prior to the
deadline.
(3) The cabinet may grant
an extension, if an extension would be equitable, does not impact the PSTEAF's
financial viability, and would not have a detrimental impact on human health or
the environment.
(4) The cabinet
shall not grant an extension for any requirements established in Section 12 or
15 of this administrative regulation.
Section 23. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "UST Affidavit of Termination
of PSTEAF Contract", DWM 4280, September 2019;
(b) "UST Affidavit of Waiver for PSTEAF
Reimbursement", DWM 4281, September 2019;
(c) "UST Application for Assistance for
PSTEAF", DWM 4282, September 2019;
(d) "UST Application for Laboratory
Certification", DWM 4283, August 2023;
(e) "UST Application for PSTEAF Eligible
Companies or Partnerships", DWM 4284, September 2019;
(f) "UST Claim Request for Actions Not
Directed", DWM 4285, September 2019;
(g) "UST Claim Request for Directed Actions",
DWM 4286, September 2019;
(h) "UST
Miscellaneous Tasks Reimbursement Worksheet", DWM 4287, August 2023;
(i) "UST Optional Soil Removal at Permanent
Closure Reimbursement Worksheet", DWM 4288, August 2023;
(j) "UST Payment Waiver", DWM 4289, September
2019;
(k) "UST Reconsideration
Request", DWM 4290, September 2019;
(l) "UST Re-Evaluation of a Reimbursable
Amount", DWM 4291, August 2023;
(m)
"UST Third-Party Claim", DWM 4292, September 2019; and
(n) "UST PSTEAF Reimbursement Rates", August
2023.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Division of Waste Management, 300 Sower Boulevard, Second Floor, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
(3) This material may also be obtained at the
Division of Waste Management's Web site at
eec.ky.gov/environmental-protection/waste.