Current through Register Vol. 48, No. 9, September 27, 2024
(a) Users of e-Manifest services that believe
their invoice or charges to be in error must present their claims for fee
dispute resolution informally using the process described in this
section.
(b) Users asserting a
billing dispute claim must first contact the system's billing representatives
by phone or email at the phone number or email address provided for this
purpose on the e-Manifest program's website or other customer services
directory.
(1) The fee dispute claimant must
provide the system's billing representatives with information identifying the
claimant and the invoice(s) that are affected by the dispute, including:
(i) The claimant's name, and the facility at
which the claimant is employed;
(ii) The EPA Identification Number of the
affected facility;
(iii) The date,
invoice number, or other information to identify the particular invoice(s) that
is the subject of the dispute; and
(iv) A phone number or email address where
the claimant can be contacted.
(2) The fee dispute claimant must provide the
system's billing representatives with sufficient supporting information to
identify the nature and amount of the fee dispute, including:
(i) If the alleged error results from the
types of manifests submitted being inaccurately described in the invoice, the
correct description of the manifest types that should have been
billed;
(ii) If the alleged error
results from the number of manifests submitted being inaccurately described in
the invoice, the correct description of the number of manifests that should
have been billed;
(iii) If the
alleged error results from a mathematical error made in calculating the amount
of the invoice, the correct fee calculations showing the corrected fee amounts;
and
(iv) Any other information from
the claimant that explains why the invoiced amount is in error and what the fee
amount invoiced should be if corrected.
(3) EPA's system billing representatives must
respond to billing dispute claims made under this section within ten (10) days
of receipt of a claim. In response to a claim, the system's billing
representative will:
(i) State whether the
claim is accepted or rejected, and if accepted, the response will indicate the
amount of any fee adjustment that will be refunded or credited to the facility;
and
(ii) If a claim is rejected,
then the response shall provide a brief statement of the reasons for the
rejection of the claim and advise the claimant of their right to appeal the
claim to the Office Director for the Office of Resource Conservation and
Recovery.
(c)
Fee dispute claimants that are not satisfied by the response to their claim
from the system's billing representatives may appeal their claim and initial
decision to the Office Director for the Office of Resource Conservation and
Recovery.
(1) Any appeal from the initial
decision of the system's billing representatives must be taken within ten (10)
days of the initial decision of the system's billing representatives under
paragraph (b) of this section.
(2)
The claimant shall provide the Office Director with the claim materials
submitted to the system's billing representatives, the response provided by the
system's billing representatives to the claim, and a brief written statement by
the claimant explaining the nature and amount of the billing error, explaining
why the claimant believes the decision by the system's billing representatives
is in error, and why the claimant is entitled to the relief requested on its
appeal.
(3) The Office Director
shall review the record presented to him or her on an appeal under this
paragraph (c), and shall determine whether the claimant is entitled to relief
from the invoice alleged to be in error, and if so, shall state the amount of
the recalculated invoice and the amount of the invoice to be
adjusted.
(4) The decision of the
Office Director on any appeal brought under this section is final and
non-reviewable.