Section R311-207-3 - Prerequisites for Submission of Requests for Reimbursement of Claims Against the Petroleum Storage Tank Fund(1) Upon making a claim for coverage under the Petroleum Storage Tank Fund, and after receiving notice from the director of eligibility to claim against the Fund, the responsible party shall meet compliance time tables issued by the director.(2) For allowable costs to b e covered by the Fund, the director must approve work plans, corrective action plans, and associated budgets before a responsible party initiates any work, except as allowed by Subsections 19-6-420(3)(b) and 19-6-420(6). (a) work plans must include a budget for the work.(i) budgets must be in compliance with Subsection R311-207-4(8).(ii) budgets must include proposed costs in an itemized format as described in Subsections R311-207-4(1) through R311-207-4(5).(3) Before performing work eligible for reimbursement by the Fund, the consultant must have a Statement of Qualification approved by the director. (a) the initial Statement of Qualification submittal shall include information about the qualifications of certified PST consultants and other persons who will be performing investigation or corrective action activities in accordance with the work plans.(b) the Statement of Qualification shall include at least three letters of reference from entities that have retained the services of the consultant, and shall document that: (i) the consultant and other key personnel are of good character and reputation regarding such matters as control of costs, quality of work, ability to meet deadlines, and technical competence;(ii) the consultant and other key personnel have completed applicable Occupational Safety and Health Agency-approved safety training and any other applicable safety training, as required by federal and state law; and(iii) the consultant carries the following insurance:(A) Commercial General Liability Insurance or Comprehensive General Liability Insurance, including coverage for premises and operation, explosion, collapse and underground hazards, products and completed operations, contractual, personal injury and death, and catastrophic, with limits of $1,000,000 minimum per occurrence, $2,000,000 minimum general aggregate, and $2,000,000 minimum products or completed operations aggregate;(B) Comprehensive Automobile Liability Insurance, with limits of $1,000,000 minimum and $2,000,000 aggregate; and(C) Workers' Compensation and Employers' Liability Insurance, as required by applicable state law.(c) the Statement of Qualification must be updated annually in January, and shall be approved by the director for a period of one year.(i) the update shall include changes in personnel and current documentation of compliance with Subsections R311-207-3(3)(a) and R311-207-3(3)(b).(4) Work plans must include the Fund Work Plan Approval Application and Agreement form documenting the claimant's contract with any proposed consultant or other person performing remedial action.(a) information provided on that form shall demonstrate that the claimant's contract has met the following requirements:(i) the contract shall be with the consultant and specify the certified PST consultant and other key personnel for which qualifications are submitted under Subsection R311-207-3(3);(ii) the contract shall require a 100% payment bond through a United States Treasury-listed bonding company, or other equivalent assurance;(iii) the consultant shall have no cause of action against the state for payment;(iv) the contract will specify a subcontracting method consistent with the requirements of Rule R311-207;(v) the contract shall require, and include documentation that the consultant carries, the insurance specified in Subsection R311-207-3(3)(b)(iii);(vi) payment under the contract shall be limited to amounts that are customary, legitimate, and reasonable;(vii) the contract shall include a provision indicating that the State of Utah is not a party to the contract, unless the State of Utah is a responsible party; and(viii) any other requirements specified by the director.(5) Work plans shall address any additional requirements outlined in 40 CFR 280, Subparts E and F.(6) The director may waive specific requirements of Rule R311-207 if the director determines there is good cause for a waiver, and that public health and the environment will be protected. (a) the director may also consider, in determining whether to grant a waiver, the extent to which the financial soundness of the Fund will be affected.(7) Once the responsible party's share of eligible costs has been spent in accordance with Section 19-6-419, the director shall review and approve or disapprove work plans and the corrective action plan and associated budgets.(8) A request for time and material reimbursement from the Fund must be received by the director within one year from the date the included work was performed or reimbursement shall be denied. (a) if there are any deficiencies in the request, the claimant has 90 days from the date of notification of the deficiency to correct the deficiency or the amount of the deficient items shall not be reimbursed.(b) if a release was initially denied eligibility and is subsequently found to be eligible: (i) work conducted before the determination of eligibility is not subject to the one-year requirement; and(ii) work conducted after the determination of eligibility is subject to the one-year requirement.(9) The request for final reimbursement from the Fund must be received by the director within one year from the date of the "No Further Action" letter issued by the director or reimbursement shall be denied.(a) if a release is re-opened as provided for in the "No Further Action" letter, payments from the Fund may be resumed when approved by the director.(10) For costs incurred by a consultant hired by a third party pursuant to Subsection 19-6-409(2)(e): (a) the director must approve work plans and associated budgets before the consultant initiates any work; and(b) the contract with the consultant shall comply with Subsection R311-207-3(4).Utah Admin. Code R311-207-3
Amended by Utah State Bulletin Number 2021-18, effective 9/13/2021Amended by Utah State Bulletin Number 2022-15, effective 7/15/2022