Current through all regulations passed and filed through September 16, 2024
(A) For corrective actions to be performed in
accordance with all versions of rule 1301:7-9-13 of the Administrative Code, the responsible person shall submit to the director an application for initial pre-approval of costs for pending corrective actions, as follows:
(1) Simultaneously with the submission of an
interim response action notification to the fire
marshal, where prior approval of the fire marshal must be obtained, the
responsible person shall submit an estimated cost and completion schedule for the
corrective actions as set forth in the interim response action
notification;
(2) Simultaneously with
the submission of a remedial action plan to the fire marshal, the responsible
person shall:
(a) Submit a copy of the remedial
action plan with a brief description of the remedial action alternatives
considered, including a discussion of the reliability, effectiveness, cost, and
time needed for completion, and the rationale for the selected remedial
alternative; and
(b) Submit an
estimated cost and completion schedule for the remedial actions as set forth in
the remedial action plan;
(3) Simultaneously with the submission to the
fire marshal of a tier 3 evaluation plan where the estimated costs exceed six
thousand dollars, the responsible person shall submit a copy of the tier 3
evaluation plan with a description of the objective; the activities to be
conducted; a discussion of the effectiveness, cost and rationale for selecting
the tier 3 evaluation; and an implementation schedule and projected completion
date;
(4) Simultaneously with the
submission to the fire marshal of a plan to calibrate or disprove the fate and
transport model in conjunction with a tier 2 evaluation report, where the
estimated costs exceed six thousand dollars, the responsible person shall submit
a copy of the plan with a description of the objective; the activities to be
conducted; and an estimated cost and completion schedule;
(5) Simultaneously with the submission to the
fire marshal of a monitoring plan in conjunction with a tier evaluation report,
where the estimated costs exceed six thousand dollars, the responsible person
shall submit an estimated cost and completion schedule for the corrective actions
as set forth in the monitoring plan.
(6) Simultaneously with the submission to the
fire marshal of a free product monitoring plan in conjunction with a tier 2
evaluation report, the responsible person shall submit an estimated cost and
completion schedule for the corrective actions as set forth in the free product
monitoring plan.
(7) If free product
is present one year after initiating free product recovery activities, the
responsible person shall assess the effectiveness of free product recovery
techniques and shall submit a brief written evaluation of the reliability,
effectiveness, cost, and time needed for free product recovery in the upcoming
year. Said written evaluation shall be submitted on a yearly basis for each year
that recovery is ongoing.
(a) Where free product
recovery has been in place for one year, the first evaluation shall be submitted
within ninety days following the anniversary date of free product recovery.
Subsequent evaluations shall be submitted annually, unless otherwise determined
by the director.
(b) Where free
product recovery is in conjunction with a remedial action plan, the annual free
product evaluation shall be incorporated into the annual remedial action plan
submissions required by this rule.
(B) Where estimated cost and completion
schedules have been pre-approved in accordance with paragraphs (A)(2), (A)(6),
and (A)(7) of this rule, the responsible person shall submit pre-approval
applications annually, unless otherwise determined by the director, on a form
prescribed by the director.
(C) Upon
receipt of a pre-approval application submitted pursuant to this rule, the
director shall evaluate the estimated cost and completion schedule. In evaluating
the estimated cost and completion schedule to be pre-approved, the director shall
consider what is usual, customary and reasonable for similar corrective action
activities and under similar circumstances as determined from the fund's
experience. At the director's discretion, other options including, but not
limited to, pay-for-performance or risk sharing by the consultant and the
responsible person may be considered for the corrective actions for which
pre-approval is sought. The director shall notify the responsible person of the
pre-approved costs and completion schedule.
(D) The responsible person shall immediately
notify the director and submit a revised estimated cost and completion schedule
for pre-approval as follows:
(1) If during the
implementation of the corrective actions for which pre-approval has been granted,
the actual costs will exceed the pre-approved costs by twenty per cent or six
thousand dollars, whichever is less; or
(2) If during the implementation of the
corrective actions for which pre-approval was not required by paragraph (A)(3),
(A)(4), or (A)(5) of this rule because the estimated costs did not exceed six
thousand dollars, the actual costs will exceed six thousand dollars.
(E) Where a revised estimated cost
and completion schedule is submitted for pre-approval, the director may review
the estimated cost and completion schedule in accordance with paragraph (C) of
this rule or provide notification to the responsible person that the estimated
cost and completion schedule will be evaluated when the application for
reimbursement is submitted to the board in accordance with rule 3737-1-12 of the Administrative Code.
(F) Where an
estimated cost and completion schedule is required by this rule, estimated costs
shall be detailed on a time and material basis.
(G) Corrective action costs and completion
schedules not submitted for pre-approval in accordance with this rule shall be
evaluated for reimbursement and subject to reductions in reimbursement in
accordance with rule 3737-1-09 of the Administrative Code.
(H) Where pre-approval is not required by this
rule but is desired by the responsible person, the responsible person may submit
to the director a description of the proposed corrective actions and an estimated
cost and completion schedule for pre-approval.
(I) Pre-approval shall not accelerate fund
reimbursement for a release. Payment for pre-approved costs shall be contingent
upon the proper submission of an application for reimbursement in accordance with
rule 3737-1-12 of the Administrative Code, and a determination that a responsible person is eligible to receive reimbursement from the fund.
