Okla. Admin. Code § 165:27-7-6

Current through Vol. 41, No. 19, June 17, 2024

Section 165:27-7-6 - Conditions for reimbursement

(a) When current costing systems cannot accommodate specific situations, contracts awarded shall be to the lowest or best bidder. The Indemnity Fund Program requires review and approval of all competitive bid actions.

(b) The owner/eligible and Licensed Environmental Consultant shall keep, and have available for review by the Indemnity Fund Program, records pertaining to the corrective action. These records include but are not limited to:

(1) Corrective action plans.

(2) Remedial action plans

(3) Contracts and contract negotiations.

(4) Accounts

(5) Invoices

(6) Sales tickets

(7) Subcontractor invoices

(8) Other forms of documentation for expenses incurred relating to such investigation, corrective action, remedial action, injury or damage.

(c) All records of costs incurred shall be certified by affidavit as true and correct and shall contain invoice dates, invoice numbers and amount of invoices being submitted.

(d) Reimbursement shall be made by the Fund only for costs that PSTD determines were actually incurred, were reasonable, allowable and are integral and necessary towards the corrective action performed.

(e) An eligible person with a release or whose property has been impacted by a release, shall not retain an environmental consulting firm to perform remediation in which the Applicant has more than a ten percent (10%) interest.

(f) An eligible person shall provide application information that will enable the Fund to determine which reimbursement method to use.

(1) Initial, supplemental and final payments. An eligible person may submit an Initial Reimbursement Request and periodic Supplemental Reimbursement Requests followed by a Final Reimbursement Request after case closure if they:

(A) Make application within two (2) years from the date of a closure letter issued by PSTD.

(B) Been determined to be eligible (eligible person, eligible release, eligible tank system) to access the Fund.

(2) An application for eligibility and all claims for reimbursement to the Fund must be made within two (2) years of the case closure letter issued by the PSTD or the date the Final Claim Confirmation form is received by the PSTD. Eligible persons are encouraged to submit claims for reimbursement as the costs are incurred and in the order incurred.

Okla. Admin. Code § 165:27-7-6

Added at 9 Ok Reg 2315, eff 6-25-92 ; Amended at 12 Ok Reg 2069, eff 7-1-95 ; Amended at 22 Ok Reg 1775, eff 7-1-05 ; Amended at 23 Ok Reg 1661, eff 7-1-06 ; Amended at 26 Ok Reg 1836, eff 7-1-09 ; Amended at 30 Ok Reg 589, eff 7-1-13

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023