Remedial Actions Prior to Funding from Account
(1)A person performing remedial action at a dry cleaning facility may apply to the Department to be reimbursed by the Account for remedial action costs incurred. The Department may use funds from the Account to reimburse the claimant for remedial action costs at the facility under the following circumstances:
(a)Reimbursement from the Account shall be made in accordance with a written agreement or order between the claimant and the Department expressly authorizing reimbursement from the Account. The agreement or order must be entered into before the claimant conducts any remedial action for which reimbursement will be sought;
(b)Actions of the claimant expedite remedial action at the site;
(c)Remedial actions are conducted under Departmental oversight pursuant to the agreement or order;
(d)Costs are preapproved and determined by the Department to be reasonable and necessary;
(e)Funds from the Account will not be used for costs incurred during remedial action due to negligence or incompetence of claimant or claimant’s agent; and
(f)A claim filed against the Account may be paid only from monies in the Account and only in accordance with the provisions of these rules. Any obligation to pay or reimburse claims against the Account shall be expressly contingent upon availability of monies in the Account. Neither the State nor any of its agencies shall have any obligation to pay or reimburse any costs for which monies are not available in the Account.
(2)If a claimant undertakes actions that are preapproved and reimbursable pursuant to a DEQ order or agreement before Account money is available for reimbursement, funds shall be obligated for and reimbursed to the claimant for eligible expenses, as funds become available pursuant to the priority ranking system in section OAR 340-124-065.
(3)Claimants shall meet all requirements for fund eligibility applicable at the time the activities are performed in order to receive reimbursement.
(4)Only work plans and cost proposals approved in writing by Department staff prior to remedial action being conducted are eligible for reimbursement.
(5)The Account shall provide reimbursement for the reasonable cost of Department-preapproved, investigation and remedial action. All costs consistent with cost proposals approved by the Department shall be considered reasonable costs.
(6)Claims for reimbursement of costs shall be submitted in a format established by the Department and shall, at a minimum, include an itemization of all charges according to labor hours and rates, analytical charges, equipment charges, and other categories which may be identified by the Department, or which the claimant may wish to provide.
(7)A claim for payment shall be received within one year from the date of performance of the work, which is the subject of the claim.
(8)Payments from the Account will be made directly to the claimant. The claimant is responsible for final payments to the contractor(s) performing the work.
Rule 340-124-0070 — Remedial Actions Prior to Funding from Account,