SECTION 165:27-7-10. Pay-For-Performance procedures

(a)   Pay-For-Performance (PFP) Remediation Proposals are designed for pre-approval of work that is to be performed. Pay-For-Performances shall not be issued on work that has already been completed.

(b)   Before a Pay-For-Performance (PFP) Remediation Proposal can be approved, a Remedial Action Plan which satisfies the criteria of OAC 165:29-3-80 must be approved by the PSTD.

(c)   A Performance-based Remedial Action Plan must be submitted for review to the PSTD.

(d)   The Performance-based Remedial Action Plan Proposal shall include the following information:

(1)   Chronologic summary of site work with type, amount, and location of the release.

(2)   General description of the site geology and hydrology with stratigraphic cross-section.

(3)   Tier I/IA and 2 (if needed) report summary with proposed contaminant clean-up levels

(4)   Description of the proposed remediation technology to be used.

(5)   Schematics showing remediation system layout and remediation equipment.

(6)   Description of performance monitoring methods and list of key monitoring wells.

(7)   Total site remediation cost, contract terms, payment schedule, contract time frame, and warranty period.

(8)   Base map with all well and soil boring locations.

(9)   Detailed facility map with current benzene and TPH groundwater and soil plume maps.

(10)   Detailed facility map with free product thickness, if present.

(11)   Concentration maps of all other chemicals of concern that exceed Oklahoma Risk Based Corrective Action ("ORBCA") Site Specific Target Levels.

(12)   The number of months that will be required to complete the remediation.

(13)   The number of months that remediation will be warranted through continued operation in the event clean up levels have not been reached during the required clean up period.

(14)   Other relevant information to explain the extent and type of the contamination, how the proposed performance based work plan will accomplish the clean up, types of monitoring to be used, and any risks that may be associated with the clean-up that should be addressed.

(e)   All costs associated with the Performance-based Proposal must be included in the Performance-based Remedial Action Plan submitted to the PSTD.

(f)   Any change order or re-design costs will be part of the original Performance-based Work Plan unless otherwise stipulated in the PFP contract.

(g)   Costs associated with the closing of the site may or may not be included in the PFP but will be discussed prior to the execution of the PFP.

[Source: Added at 15 Ok Reg 3033, eff 7-15-98; Amended at 22 Ok Reg 1775, eff 7-1-05; Amended at 26 Ok Reg 1836, eff 7-1-09; Amended at 31 Ok Reg 1013, eff 9-12-14]