Minnesota Administrative Rules
Agency 120 - Commerce Department
Chapter 2890 - PETROLEUM TANK RELEASES
Part 2890.0200 - INELIGIBLE COSTS
Universal Citation: MN Rules 2890.0200
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Generally.
Costs are not eligible for reimbursement when they are:
A. associated with actions that do not
minimize, eliminate, or clean up a release to protect the public health and
welfare or the environment;
B. not
incurred by the applicant; or
C.
not reasonable.
Subp. 2. Specific items.
Among ineligible costs are:
A. costs related to the repair or replacement
of tanks, upgrading tanks, removal of tanks, or abandonment of tanks in
place;
B. loss of income, including
the applicant's purported loss of income from land used for the treatment or
disposal of contaminated soil generated from the applicant's leak
site;
C. attorney fees or other
fees charged by an attorney or by another person for providing legal or
quasi-legal advice, filing appeals, or providing legal testimony;
D. costs for permanent relocation of
residents;
E. decreased property
values for the applicant's property;
F. costs for the applicant's own time spent
in planning, performing, or administering a corrective action, when the
applicant is an individual;
G.
costs for aesthetic or site improvements;
H. costs for work performed that is not in
compliance with safety codes including, but not limited to, Occupational Safety
and Health Administration requirements, well codes, and fire codes;
I. per diem charges for sites less than 60
miles from an office of the person providing consultant services or contractor
services;
J. costs for repair or
restoration of structures, surfaces, or land damaged by equipment used in the
corrective action, unless the damage was unavoidable to implement corrective
action;
K. costs for the
demolition, disposal, removal, repair, or replacement of the following items,
when the demolition, disposal, removal, repair, or replacement is necessary to
remove, repair, upgrade, or replace a tank:
(1) clean overburden;
(2) concrete, asphalt, or other manmade
surfacing;
(3) pump islands,
canopies, lights, or other aboveground structures; or
(4) sewer lines, water lines, electrical
lines, phone lines, fiber optic lines, or other utilities;
L. costs for the removal of water from an
excavation basin, unless required by the agency as part of a corrective
action;
M. site restoration costs
for clean fill in excess of the agency-approved amount of
petroleum-contaminated soil removed for disposal;
N. administrative costs incurred in obtaining
reimbursement from the board, including, but not limited to, compiling
materials for and preparing applications to the board for reimbursement,
responding to inquiries from the board or its staff, or appearing before the
board;
O. costs for correspondence
that result from avoidable noncompliance with agency deadlines;
P. costs for priority turnaround of
laboratory analysis, unless requested by the agency;
Q. late payment fees;
R. fees charged by property owners for access
to their property, unless charged to preserve public safety;
S. interest costs other than those eligible
for reimbursement under Minnesota Statutes, chapter 115C;
T. costs for a phase I or II environmental
site assessment;
U. costs for work
done solely to facilitate a property transfer;
V. costs for property acquisition;
W. administrative costs associated with
acquiring business, preparing or responding to a request for proposal, or
preparing invoices for services provided or performed;
X. costs for reports not submitted to the
agency or not required by the agency;
Y. costs for work that the agency has
determined was incompetently performed;
Z. consultant markup charges; or
AA. costs for work performed after the agency
has granted full site closure, excluding:
(1)
costs for well sealing; and
(2)
costs for tasks or items required by the agency to dismantle an approved
corrective action system after its operation is no longer necessary and to
remove the dismantled system from the site.
Statutory Authority: MS s 115C.07
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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