Utah Admin. Code 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).
Notes
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