SECTION 165:27-7-6. Conditions for reimbursement

(a)   Action taken as a result of an eligible release, other than in an emergency, may be made by competitive bid of at least two (2) bidders. When a requirement for bidding is made by PSTD, all bids received shall be forwarded to PSTD and the bid results discussed between the eligible person, PSTD and the PSTD Licensed Environmental Consultant. Acquisition or contracts or subcontracts for corrective action or for labor or equipment which exceed Two Thousand Five Hundred Dollars ($2,500.00) from any one vendor or subcontractor for any one (1) site shall be awarded to the lowest or best bidder as determined by PSTD. Professional engineering, geological, land surveying and other professional services or services provided by a PSTD Licensed Environmental Consultant required for investigation and the preparation of work plan and/or purchase orders, proposed corrective action plans and oversight of remediation will be reimbursed at current approved reasonable costs, or at the PSTD Director's discretion.

(b)   When current costing systems cannot accommodate specific situations, contracts awarded shall be to the lowest or best bidder. The Indemnity Fund Program requires review and approval of all competitive bid actions.

(c)   The owner/eligible and Licensed Environmental Consultant shall keep, and have available for review by the Indemnity Fund Program, records pertaining to the corrective action. These records include but are not limited to:

(1)   Corrective action plans.

(2)   Remedial action plans

(3)   Contracts and contract negotiations.

(4)   Accounts

(5)   Invoices

(6)   Sales tickets

(7)   Subcontractor invoices

(8)   Other forms of documentation for expenses incurred relating to such investigation, corrective action, remedial action, injury or damage.

(d)   All records of costs incurred shall be certified by affidavit as true and correct and shall contain invoice dates, invoice numbers and amount of invoices being submitted.

(e)   Reimbursement shall be made by the Fund only for costs that PSTD determines were actually incurred, were reasonable, allowable and are integral and necessary towards the corrective action performed.

(f)   An eligible person with a release or whose property has been impacted by a release, shall not retain an environmental consulting firm to perform remediation in which the Applicant has more than a ten percent (10%) interest.

(g)   An eligible person shall provide application information that will enable the Fund to determine which reimbursement method to use.

(1)   Initial, supplemental and final payments. An eligible person may submit an Initial Reimbursement Request and periodic Supplemental Reimbursement Requests followed by a Final Reimbursement Request after case closure if they:

(A)   Make application within two (2) years from the date of a closure letter issued by PSTD.

(B)   Been determined to be eligible (eligible person, eligible release, eligible tank system) to access the Fund.

(2)   An application for eligibility and all claims for reimbursement to the Fund must be made within two (2) years of the case closure letter issued by the PSTD or the date the Final Claim Confirmation form is received by the PSTD. Eligible persons are encouraged to submit claims for reimbursement as the costs are incurred and in the order incurred.

[Source: Added at 9 Ok Reg 2315, eff 6-25-92; 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 32 Ok Reg 805, eff 8-27-15; Amended at 35 Ok Reg 1027, eff 10-1-18]