Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 5 - Underground Storage Tank Regulations
Chapter 1 - Mississippi Commission on Environmental Quality Mississippi Groundwater Protection Trust Fund Regulation (Adopted March 22, 1989; Last Amended December 10, 2009)
Rule 11-5-1.16 - Reimbursable Costs

Universal Citation: MS Code of Rules 11-5-1.16

Current through September 24, 2024

A. The Trust Fund may be used at eligible sites for costs incurred in conducting site investigations, assessments, and remediation, in replacing potable water supplies, and in paying third party claims in accordance with Rule 1.18 of these regulations. Owner's and/or operator's reimbursement may be reduced by $100/day for documents submitted after a written deadline date established by the Department.

B. The Trust Fund may be used to reimburse costs at eligible sites for the following activities:

(1) recovery and disposal of released motor fuels;

(2) recovery and disposal of contaminated soils;

(3) installation and operation of monitoring and/or recovery wells;

(4) soil borings, soil, and water sampling, and laboratory analyses;

(5) removal, treatment, and disposal of motor fuel contaminated wastes of any kind;

(6) replacement of contaminated public or private water supplies; and

(7) other costs determined by the Department to be reasonable and necessary for assessment and remediation.

C. Only costs determined by the Department to be fair and reasonable will be reimbursed. The Department may require competitive bidding in order to establish fair and reasonable cost.

D. The Trust Fund may not be used to reimburse costs for the following activities:

(1) repairing, permanently closing, or replacing underground storage tank systems;

(2) lost revenue;

(3) confirmation of a release;

(4) rental of temporary motor fuel storage tanks;

(5) loss of any real or personal property not directly associated with the investigation, assessment, or remediation;

(6) loss of motor fuel;

(7) legal fees; or

(8) other costs determined by the Department not to be reasonable and necessary for assessment and remediation.

Miss. Code Ann. §§ 49-2-9(1)(b), 49-17-17(i), 49-17-401, et seq., 49-2-1, et seq. and 49-17-1, et seq.

Disclaimer: These regulations may not be the most recent version. Mississippi 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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