Current through Register Vol. 41, No. 3, September 23, 2024
A. Reimbursement of local monitoring costs
deemed reasonable by the department will be made for costs up to $2.50 per dry
ton of biosolids or industrial residuals land applied in a county during the
period of time specified in the submitted invoice. Costs of up to $4.00 per dry
ton of biosolids or industrial residuals land applied in a county during the
period of time that the costs were incurred may be reimbursed with prior
approval from the department.
B.
Application. A local government must submit a reimbursement application to
request reimbursement from the department. All information shall be clearly
typed or printed and all required or supporting documents must be attached. The
county administrator or designated local monitor shall sign and date the
application where indicated. The original signed application with one copy of
each of the supporting documents shall be submitted to the department.
Applications may not be submitted by facsimile or through electronic means. A
reimbursement invoice form as described in this regulation must be completed
before a reimbursement application can be submitted. The invoice form must
include all expenses for which reimbursement is requested during the designated
time period.
C. Application forms
and submittal. The application for reimbursement must be submitted within 30
days of the last day of the month in which the reimbursable activity occurred.
All applications received after this time frame will be ineligible for
reimbursement. The following is a description of the application forms and an
explanation of their use. The application forms and detailed instructions can
be obtained from the department.
1. Form 1 -
Reimbursement Application. An invoice form shall be submitted with each
application for reimbursement. The invoice form shall list all reimbursable
charges. To be reimbursed for eligible expenses, an applicant must provide
documentation to demonstrate that the expenses were incurred. Invoices are
acceptable proof of incurred expenses. Invoices signed by the local monitor or
agent who performed or managed the monitoring activities shall be legible. All
invoices are to include the following:
a. DEQ
permit number and site identification;
b. DEQ control number for application
fields;
c. Land applier's
name;
d. Date and type of activity
monitored;
e. Name of local
monitor;
f. Number of hours to be
reimbursed and charge per hour;
g.
List of expenses for which reimbursement is sought; and
h. Type of sampling activity performed and
associated laboratory expense vouchers.
2. The application requires the county
administrator to certify that the responsible official has read and understands
the requirements for reimbursement and that the application submitted is not
fraudulent. The local monitor must attest to the accuracy and completeness of
the information provided.
3. Form 2
- Multiple Owners Payment Assignment Form. When there are multiple local
governments as claimants, a separate, signed and notarized invoice form for
each claimant must be filled out and submitted with the application.
D. Processing applications.
1. If contacted by the department regarding
an incomplete reimbursement application, an applicant will have 14 days from
the date of the call or letter to submit the information requested and correct
deficiencies. Extensions of the 14-day deadline will not be granted. An
application that does not contain all of the required information after the
14-day time frame may be rejected.
2. Only invoices pertaining to the monitoring
activity claimed in the current application will be accepted. Costs omitted
from previous claims are ineligible for reimbursement in subsequent claims.
Invoices submitted in previous claims are not eligible documentation for
reimbursement of costs in subsequent claims. To reduce the risk of
disqualification of costs, costs for different monitoring activities should be
invoiced separately. If possible, invoices should be structured so that costs
are grouped according to task or activity.
E. Reconsideration process.
1. Claimants may submit a written response
indicating why they believe costs denied on the reimbursement decision should
be paid.
2. If the claimant
disagrees with the decision in the reimbursement payment package, a notice of
intent (NOI) to object and a reconsideration claim form must be submitted to
the department within the filing deadlines specified in the reconsideration
procedure package:
a. If filing deadlines are
not met, the decision in the reimbursement payment package is final. This
written objection shall be in the format specified in the reconsideration
procedure package and explain the reasons for disagreement with the decisions
in the reimbursement payment letter and supply any additional supporting
documentation.
b. Upon receipt of
this information and at the claimant's request, the department may schedule a
reconsideration meeting to reevaluate the denied costs.
3. Claimants will be given an opportunity to
contest the reimbursement decisions in accordance with the Administrative
Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Within the
filing deadline, the claimant must submit a written summary of the issues that
will be contested using the reconsideration claim form.
4. The reconsideration procedures provide the
department the opportunity to correct certain errors as follows:
a. Failure of the reviewer to verify an
invoice form that was received prior to completing the verification package for
the reimbursement.
b. Errors the
reviewer makes in verifying an invoice form.
c. Failure of the claimant to submit all
invoices.
5. Errors
ineligible for reconsideration. Notwithstanding the above, some types of errors
cannot be corrected using the reconsideration process. It is the responsibility
of the claimant or consultant, or both, to ensure that all application forms
(invoice forms, and sampling and testing verification) are complete and
accurate. The following types of errors may result in a denial of costs:
a. Items omitted from the invoice;
b. Unverified sampling and testing
results;
c. Additions or revisions
to the invoice forms submitted after the reviewer forwards the verification
package to the department;
d. Using
one invoice in multiple claims. Invoices submitted in an application cannot be
used as documentation for reimbursement of costs in subsequent
claims;
e. Failure to claim
performed work on the invoice form;
f. Failure to claim sampling and testing
costs as authorized; or
g. Failure
to obtain prior approval from the department for costs that exceed $2.50 per
dry ton of biosolids or industrial residuals land applied.
Statutory Authority: § 62.1-44.15:6 of the Code of
Virginia.
