11 Miss. Code. R. 4-6.4 - Reimbursable Costs

The Trust Fund may be used to reimburse owners of a facility for costs incurred as a result of emergency actions, assessment or remediation of contaminants, long term monitoring where necessary, and to provide for post-closure care not considered to be normal costs.

It is the intent of these regulations to cover costs stated above. While determination of eligible costs must be made on a case-by-case basis, the following activities are considered eligible when performed in a diligent and fair manner and when prior approval of the Department has been obtained:

A. Development of remedial plans.

B. Drilling of soil borings.

C. Installation of groundwater monitoring wells.

D. Sampling and analysis of soil and groundwater.

E. Installation of groundwater recovery wells.

F. Removal of contaminants by approved methods.

G. Disposal or treatment of contaminated media.

H. Replacement of contaminated water supply wells.

I. Legal fees and costs, where such costs are necessary to ensure the proper conduct of any site assessment, preventive or corrective action, monitoring activity, or closure or post-closure activity. Examples of such costs include any legal documents necessary to obtain access to the adjoining property or legal costs associated with executing a contract. Legal costs associated with litigation regarding the site or facility are not eligible for reimbursement.

J. Other costs determined appropriate by the Commission for remediation of the site.

Notes

11 Miss. Code. R. 4-6.4

Miss Code Ann. §§ 17-17-1, et seq., 17-17-63, 17-17-201, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq. and 49-17-1, et seq.