Current through Register Vol. 39, No. 6, September 16, 2024
(a) In determining
whether costs expended by an owner, operator, or landowner are reasonable and
necessary, the Department shall consider the following:
(1) adequacy and cost-effectiveness of any
work performed, and technical activity utilized by the owner, operator, or
landowner in performing release response, site assessment, and corrective
action;
(2) industry rates of
engineering, geological, or other environmental consulting firms providing
similar services in the State as determined by the Department;
(3) industry rental rates for any equipment,
not to exceed the purchase price, as determined by the Department;
(4) industry rates of any other service,
labor, or expense; and
(5) whether
costs expended for corrective action were required by
15A NCAC
02L.
(b) Expenditures not eligible for
reimbursement shall include the following:
(1)
costs that are not eligible to be reimbursed pursuant to
G.S.
143-215.94B, and any costs associated with
noncommercial underground storage tanks;
(2) costs of the replacement of any
underground storage tank, piping, fitting, or ancillary equipment required to
operate and maintain a UST system;
(3) costs incurred in preparation of any
proposals by a provider of service for the purpose of soliciting or bidding for
the opportunity to perform an environmental investigation or cleanup, even if
that provider is selected to provide the service solicited;
(4) interest of any kind;
(5) expenses charged by the owner, operator,
or landowner in the processing and management of a reimbursement application or
subsequent claims;
(6) attorney's
fees;
(7) penalties, fees, and
fines assessed by any court or agency;
(8) loss of profits, fees, and wages incurred
by the owner, operator, or landowner;
(9) costs for which pre-approval is required
as set forth in
G.S.
143-215.94E(e5)(1) and (2),
and was not obtained;
(10) any
other expenses not specifically related to environmental cleanup, or
implementation of a cost-effective environmental cleanup, or third-party bodily
injury or property damage; and
(11)
for any task for which a maximum rate is established in the Reasonable Rate
Document, costs in excess of that maximum rate shall not be eligible for
reimbursement without prior written pre-approval by the Department.
(c) When preapproval of costs is
required and is obtained from the Department, the preapproval is valid for one
year from the date fully executed.
Authority
G.S.
143-215.3;
143-215.94B;
143-215.94E;
143-215.94L;
143-215.94T;
143-215.94V;
143B-282;
Eff.
February 1, 1993;
Amended Eff. September 1, 1993;
Temporary Amendment Eff. January 2, 1998; January 2, 1996;
Amended
Eff. October 29, 1998 (SB 1598);
Temporary Amendment Eff. October
1, 1999;
Amended Eff. August 1, 2000;
Readopted Eff.
October 1, 2022.
