Section 328 IAC 1-3-1.3 - Cost effectiveness of corrective actionAuthority: IC 13-23-11-7
Affected: IC 13-23-7; IC 13-23-9-1.5
Sec. 1.3.
(a) The administrator shall determine if the work to be performed or the work already performed, or a portion thereof, under the approved CAP is cost effective after the person described in section 1 of this rule has done the following: (1) Completed the site characterization for the release at the site.(2) Submitted the information in clauses (A) through (C) to the administrator in a form or format approved by the administrator as follows: (A) For each of the remediation alternatives as required by 329 IAC 9-5-6, details of the work to be performed and the projected costs.(B) The CAP approval letter from the department.(C) If appropriate, a demonstration that the selected remediation alternative will substantially reduce or eliminate ELTF indemnity claims. The administrator may review information concerning cost effectiveness while reviewing a CAP submitted for approval; however, the administrator shall not make a determination on cost effectiveness before a CAP is approved.
(b) The administrator shall determine cost effectiveness based on the information in subsection (a) and the following criteria:(1) The projected costs of the selected remediation alternative compared to the other remediation alternatives.(2) The likelihood that the remediation approach will achieve the cleanup objectives as set forth in the approved CAP.(3) The appropriateness of the length of time projected to achieve the cleanup objectives, based on the selected remediation alternative considering actual impacts to human health and the environment.(4) The cost projections under subsection (a)(2)(A) for the remediation alternatives and the work to be performed do not exceed the reimbursable costs allowed under section 5(a), 5(b), and 5(e) of this rule.(5) The remediation objectives as set forth in the approved CAP are sufficient, but no more stringent than necessary, for the current land use for the site.(6) A demonstration that the selected remediation alternative will substantially reduce or eliminate ELTF indemnity claims.(c) The applicant shall provide additional information to substantiate the projected work and projected costs upon request by the administrator.(d) At any time, if the administrator finds that the approved CAP will not achieve or is not achieving the cleanup objectives, the administrator may determine that the work to be performed under the approved CAP is no longer cost effective. The administrator shall give notice to the applicant of this determination.Underground Storage Tank Financial Assurance Board; 328 IAC 1-3-1.3; filed Aug 30, 2004, 9:40 a.m.: 28 IR 126; readopted filed Nov 19, 2010, 9:08 a.m.: 20101215-IR-328100553BFA; readopted filed Jun 6, 2016, 11:51 a.m.: 20160706-IR-328160142BFAFiled Jul 27, 2018, 2:31 p.m.: 20180822-IR-328150231FRA