La. Admin. Code tit. 33 § VI-1109

Current through Register Vol. 50, No. 9, September 20, 2024

Section VI-1109 - Ineligible and Eligible Costs

A. Ineligible Costs. Loan funds cannot be used for:

1. payment of penalties or fines, or for federal cost-sharing requirements;

2. indirect costs or for any administrative costs such as direct costs associated with grant administration incurred to comply with the Uniform Administrative Requirements for Grants in 40 CFR Part 30 (however, loan funds may be used for programmatic costs);

3. payment of any fees or oversight cost reimbursements required by the department;

4. site acquisition or development/redevelopment and construction activities that are not corrective actions;

5. pre-cleanup activities (i.e., site investigation and identification of the nature and extent of contamination and associated data collection);

6. monitoring and data collection necessary to apply for, or comply with, environmental permits under other state or federal laws, unless such a permit is a required component of the corrective action;

7. ordinary operating expenses of the local government or nonprofit or private organization;

8. personal injury compensation or damages arising out of the project;

9. purchase of any equipment costing more than $5,000;

10. cleanup of a substance that occurs in a natural condition at a site; or

11. any other costs prohibited by federal regulation or guidance.

B. Eligible Costs. Loan funds may be used for:

1. programmatic costs that are integral to achieving the purposes of the loan as described in the terms and conditions of the applicable federal cooperative agreement funding the loan;

2. preparation of cleanup planning documents such as:

a. a voluntary remediation application, including development of the voluntary remedial action plan, as described in LAC 33:VI.911.B;

b. a Risk Evaluation/Corrective Action Program (RECAP) compliant corrective action plan;

c. a department-approved remedial action plan;

d. a Quality Assurance Project Plan (QAPP) for data collection activities to be conducted during the remedial action;

e. a community relations plan; and

f. an Analysis of Brownfields Cleanup Alternatives (ABCA) to meet federal grant requirements;

3. remediation of an eligible site pursuant to and in conformance with department oversight and approval;

4. preparation of a remedial action report, as detailed in the approved loan agreement;

5. required public notice, public hearing, and other community involvement activities associated with the remediation of an eligible site; and

6. purchase of environmental insurance.

La. Admin. Code tit. 33, § VI-1109

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 31:2218 (September 2005), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division LR 47873 (7/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. and in particular R.S. 30:2551-2552.