When a claim is filed, all costs associated with the UST clean-up may be submitted; however, only the necessary costs related to corrective action at the site are eligible for reimbursement. The following is a list of the most commonly submitted costs which are not reimbursable, however it is not meant to be all inclusive.
Corrective action costs for release dates which precede July 1, 1989.
Litigation costs.
State Fire Marshal or Local Fire Department permit/inspection fees for tank removal.
Costs associated with underground storage tank system removal.
Costs for the removal/disposal of UST contents.
Tank or line tightness testing.
Repairs/retrofitting of existing petroleum tank system(s).
Installation of new petroleum tank system(s).
Subsurface assessments performed in conjunction with site acquisition or sale where no release is confirmed.
Any form of interest, late payment penalties, or carrying charges.
Administrative costs, such as bookkeeping or form preparation (eligibility, claim, invoices, proposals).
Environmental liability/insurance premiums.
Replacement of blacktop or concrete; site restoration (landscaping).
Razing, repair, or replacement of fences, buildings, structures, etc.
Repair of utility lines, sewer lines, water lines, etc.
Costs incurred in conducting corrective actions for non-petroleum product contamination or petroleum product contamination unrelated to an assured UST system.
Corrective action activities, labor rates, laboratory testing, drilling, or other work that exceeds actual costs as demonstrated by submitted invoices.
Costs which are not typical based upon the Board’s experience.
Invoices for which canceled checks or proof of payment are not submitted.
Any undocumented costs that cannot be audited.
Costs associated with a site other than the one listed in the Application for Reimbursement.
Costs associated with removing or remediating fuel oil tanks storing heating oil for consumptive use on the premises where stored.
Costs associated with aboveground storage tanks.
Disposal of soils that were tested below Category 1 action levels and are therefore considered non-regulated wastes which can be used for any lawful purpose.
The maximum allowable markup of a subcontractor's actual cost is 10%. No markup will be paid on any of the following:
costs of soil removal, including soil excavation, stockpiling, loading and trucking;
costs of soil disposal facilities, including landfill facilities;
costs of soil treatment facilities, including thermal treatment and bioremediation facilities;
costs of liquid removal and disposal;
markup charged by the subcontractor(s);
primary contractor or primary consultant internal expenses including labor, supplies, per diem travel expenses, and intra-company billings; and charges on supplies, materials and equipment
Markups on the costs of a tank owner’s own employees for remediation activities. Only actual wages and fringes may be submitted as an expense.
Travel expenses, except the mileage, food and lodging of the primary consultant or contractor, up to a maximum set by the Director
If a responsible person fails to submit cost estimates for pending corrective actions to the Board when pre-approval is required, reimbursement will be limited to 50% of the usual, customary and reasonable costs of the least expensive remedial alternative as determined from the Fund’s experience.
Program task costs not timely submitted for reimbursement in accordance with OAC 3737-1-12.
Costs incurred after a no further action letter from the State Fire Marshal, unless the Marshal required additional corrective actions associated with the eligible release.
Costs for corrective action and/or third-party claims where an owner has failed to comply with 3737-1-22, the administrative rule that requires responsible persons to notify the Board when they have a right to recover money from others due to a petroleum release.
Costs covered by insurance policies or recoverable from any other party.