Current through Register Vol. 35, No. 6, March 26, 2024
A. When a
deliverable is completed and the department has determined in writing that the
work for which payment is sought is satisfactory, the owner or operator shall
submit one original and one copy of the application for payment to the
department. The application shall include:
(1) information about the applicant,
including: the owner's or operator's name, mailing address, email address,
telephone number, owner ID number and the name of an individual to contact
regarding the claim;
(2) the name
of the owner at the time of the release;
(3) the name of the operator at the time of
the release;
(4) the name of the
responsible party at the time of the release;
(5) information about the facility,
including: the name, address, release ID, and facility ID number for which
payment is sought; the phase of corrective action being claimed; the type of
tank (UST or AST); the workplan approval date and workplan identification
number; the amount approved for the deliverable and the amount of the claim;
the invoice number; the deliverable identification; and the exact name and date
of the deliverable;
(6) references
to all work products or deliverables for which payment is sought;
(7) the date or dates of the department's
compliance determination or determinations under 20.5.123.2303 NMAC;
(8) information about the payee if the owner
or operator has assigned payment to another person, including: name, mailing
address, telephone number, email address, and the nature of the payee's
interest in the site;
(9) a copy of
any claim or claims the owner or operator has filed against any third party who
caused or contributed to the release;
(10) copies of invoices showing the work
performed for the minimum site assessment or other required corrective action
for which payment is sought;
(11) a
copy of the letter from the department determining the owner's or operator's
eligibility for a zero or reduced deductible, if applicable, as determined in
accordance with 20.5.123.2312 NMAC;
(12) a statement that requirements to use a
qualified firm in accordance with 20.5.122 NMAC have been met;
(13) a signed and notarized statement of an
officer or agent of the qualified firm performing the corrective action:
(a) consenting to an audit of time sheets,
payroll and bank records, tax records, purchase orders, manifests and bills of
lading, internal expense records and any other documents required to verify the
costs claimed in the application; and
(b) agreeing to return to the department,
upon demand, any and all amounts paid from the fund if the department
determines that the owner or operator misrepresented or omitted any relevant
facts;
(14) copies of the
workplan approval letter and any subsequent amendments to the workplan covering
work for which payment is requested;
(15) a copy of any and all notices from the
department approving as satisfactory the deliverable for which payment is
requested;
(16) information about
the contractor, including: the contractor's name, address and telephone number;
and the name of the contractor's project manager for the site; and
(17) if payment has been assigned by the
owner or operator to a contractor, proof that the contractor has paid all
subcontractor invoices.
B. When work is performed on a fixed fee
basis, the owner or operator shall also submit the following as part of the
application:
(1) a description of the
deliverable and the date delivered;
(2) verification that any performance
criteria required for payment were achieved; and
(3) any other requirements of the workplan
approval.
C. When work is
performed on a time-and-materials basis, the owner or operator shall also
submit the following as part of the application:
(1) detailed billings of labor and equipment
for each task performed; contractor staff shall be identified by name and
hourly rate; equipment shall be identified as owned or rented, with the hourly
or daily rate; laboratory and subcontractor charges shall be clearly
explained;
(2) timesheets,
invoices, or statements with staff name, labor category, and description and
date of work performed;
(3) copies
of receipts for all equipment and supplies;
(4) travel and expense logs;
(5) if work is billed on an hourly basis,
timesheets, invoices or statements which include the hourly rate and number of
hours billed to the nearest one-quarter hour; and
(6) any other requirements of the workplan
approval.
D. Upon the
department's request, the owner or operator shall submit copies of all
subcontractor invoices and an accounting of the amount paid and any remaining
balance on each invoice.
E. In the
first application for payment of corrective action costs for each workplan, the
owner or operator shall submit one original and one copy of:
(1) an original, signed oath or affirmation
in accordance with Sections
14-13-1
and
14-13-2
NMSA 1978:
(a) certifying that the owner or
operator has read the approved workplan and understands that the corrective
action described in the workplan shall be completed at the identified
facility;
(b) certifying that all
matters and facts contained in that application, and in any subsequent
applications for payment for the same workplan, are and will be truthful and
that all invoices reflect actual costs paid or otherwise incurred;
(c) consenting to an audit of financial
records pertaining to the current and any future claims for the same workplan;
and
(d) agreeing to return to the
department, upon demand, any and all amounts paid from the fund if the
department determines that the owner or operator misrepresented or omitted any
relevant facts in this or any future application for payment for the same
workplan;
(2) a signed,
dated, and notarized disclosure statement indicating the site name and number
where the release occurred; the type of tank (UST or AST); the facility ID
number; the name, address, and telephone number of the entity that performed
the work for which payment is claimed; the full name of all owners and
operators of the tank for which payment is claimed; the name of each individual
and business entity that owns or controls the entity that performed the work
for which payment is claimed; and the name of every business concern that is a
partner or subsidiary of the entity that performed the work for which payment
is claimed;
(3) a completed
internal revenue service W-9 form (request for taxpayer identification number
and certification form);
(4)
information about insurance coverage, including: whether the owner or operator
has insurance for releases of regulated substances at the site of the release
for which a claim is being made; the name, address, and telephone number of the
insurance company; the name, address, and telephone number of a contact person
within the insurance company; the amount of coverage; whether the applicant has
filed an insurance claim for this release, and if so, the amount sought; and
the amount the insurance company has paid; and
(5) copies of any insurance policies in
effect on the date of the report or at the time of the release that may insure
the owner or operator against all or part of the costs of corrective
action.
F. After the
first application for payment of corrective action costs for each workplan, an
owner or operator who has properly submitted the documents required by
subsection E of this section and received a payment need not submit these
documents with future applications for payment unless any information provided
in the first application has changed or the department has modified the scope
of the work or the budget of the workplan.
G. The owner or operator shall not submit
costs of any portion of a minimum site assessment in the same application for
payment of costs of other required corrective action.
H. Documents submitted as part of an
application for payment of corrective action costs shall not contain
alterations, corrections, or erasures.
[The department provides forms that may be used to comply
with this section. The forms are available on the petroleum storage tank
bureau's pages on the department website or by contacting the petroleum storage
tank bureau at 505- 476- 4397 or 2905 Rodeo Park Drive East, Building 1, Santa
Fe, New Mexico 87505.]
