Nev. Admin. Code § 445C.310 - Form of claim for reimbursement; time limitations for filing claims; payment to operator, vendor or contractor; payment required of operator; payment of per diem allowance and travel expenses

Current through March 28, 2022

1. An operator, vendor or contractor who seeks to be reimbursed by the Fund for costs for cleaning up or liability for damages resulting from a discharge must submit to the Division a verified claim for reimbursement in the form prescribed by the Board along with any supporting documents required to substantiate his or her eligibility for reimbursement. An initial claim must be submitted within 12 months after the date on which the operator, vendor or contractor knew or should have known of the discharge and the final claim must be submitted within 12 months after the completion of the corrective action necessitated by the discharge. The Board will not accept a claim after either deadline unless the operator, vendor or contractor demonstrates good cause for the failure to comply with the deadline.

2. The operator shall provide any additional information required by the Board in order to determine his or her eligibility for payment from the Fund.

3. The Board may authorize payment from the Fund to:

(a) An operator;

(b) A vendor;

(c) A contractor; or

(d) Any combination of persons listed in paragraph (a), (b) or (c), jointly.

4. If money from the Fund is paid to an operator before the operator pays a vendor or contractor, or both, the operator shall:

(a) Not more than 30 days after receiving the money from the Fund, pay the vendor or contractor, or both; and

(b) Not more than 60 days after receiving the money from the Fund, provide the Division with confirmation that, in accordance with paragraph (a), the operator made payment to the vendor or contractor, or both, of the money paid to the operator by the Board. If confirmation of payment is not received by the Division within 60 days after the operator receives the money from the Fund, the Board will not approve or pay any subsequent claims until the second meeting of the Board after confirmation of payment is received.

5. If an operator fails to pay a vendor or contractor for costs approved and paid by the Board within 30 days:

(a) The operator shall reimburse the Board for the money paid by the Board; and

(b) The Board will not approve or pay any subsequent claim unless the operator reimburses the Board. Any subsequent claim, including the claim associated with the reimbursed money, may be presented to the Board for approval and payment only after the operator reimburses the Board.

6. If an operator is entitled to receive payment for his or her necessary expenses for the costs of cleaning up, the Board will authorize payment of the per diem allowance and travel expenses at the same rate provided for state officers and employees generally.

7. As used in this section, "claim" or "claim for reimbursement" means a request for reimbursement by the Fund of a sum of money, accompanied by the required supporting documents. The term does not include an application for coverage under the Fund.

Notes

Nev. Admin. Code § 445C.310

(Added to NAC by Bd. to Review Claims, eff. 6-15-90; A 12-23-91; 11-3-92; A by Div. of Environmental Protec., 1-10-94; A by Bd. to Review Claims, 1-22-96; R009-16, 6-28-2016) - (Substituted in revision for NAC 590.780)

NRS 445C.310