SECTION 165:27-7-2. Reimbursement

(a)   Among other requirements an eligible person for reimbursement is required to show:

(1)   Allowable costs were incurred on or after December 23, 1988.

(2)   The PSTD has determined that the release or suspicion of release may pose a threat to human health or the environment.

(3)   The eligible person has fully cooperated with PSTD in responding to the release.

(b)   The Petroleum Storage Tank Division will reimburse from the Indemnity Fund an eligible person, with an eligible release from an eligible tank system allowable costs in excess of one percent (1%) co-pay not to exceed Five Thousand Dollars ($5,000.00) but not more than the statutorily set limitations on reimbursement in 17 O.S. § 327.3.

(c)   Indemnity Fund co-payments must be paid by the eligible person within thirty (30) days of invoice date. If the eligible person does not timely pay any Indemnity Fund co-payment within thirty (30) days of invoice date, then corrective actions will continue and the PSTD will seek cost recovery against the eligible person after the petroleum release case closes.

(d)   Reimbursement shall not be made from the Indemnity Fund pursuant to this Section until the Indemnity Fund Program has determined that the costs for which reimbursement is requested were incurred on behalf of an eligible person, of an eligible release from an eligible tank system and were reasonable, integral and necessary.

(e)   Releases that occurred prior to June 4, 2004, shall not receive reimbursement until the Five Thousand Dollars ($5,000.00) co-pay has been prepaid or a payment arrangement concerning the co-pay has been agreed to by PSTD and significant compliance with the payment agreement is achieved.

(f)   All corrective action or assessment costs incurred shall be subject to reimbursement in accordance with unit cost pricing recommended by the Unit Cost Committee as approved by the PSTD Director and any adaptations, amendments or changes thereto.

(g)   All corrective action costs incurred shall be subject to reimbursement that is deemed allowable, fair and reasonable by the PSTD.

(h)   All purchase orders, reports, and other required paperwork must be submitted within the required timeframe in a format established by PSTD.

(i)   When the technology is available, payment of Indemnity Fund claims may be in the form of Electronic Funds Transfer ("EFT").

[Source: Added at 9 Ok Reg 2315, eff 6-25-92; Amended at 10 Ok Reg 2627, eff 6-25-93; Amended at 12 Ok Reg 2069, eff 7-1-95; Amended at 22 Ok Reg 1775, eff 7-1-05; Amended at 23 Ok Reg 1661, eff 7-1-06; Amended at 26 Ok Reg 1836, eff 7-1-09; Amended at 30 Ok Reg 589, eff 7-1-13; Amended at 31 Ok Reg 1013, eff 9-12-14; Amended at 32 Ok Reg 805, eff 8-27-15; Amended at 34 Ok Reg 967, eff 9-11-17; Amended at 35 Ok Reg 1027, eff 10-1-18; Amended at 36 Ok Reg 593, eff 8-1-19]