15A NCAC 02P .0402        CLEANUP COSTS

(a)  In determining whether costs expended by an owner or operator or landowner are reasonable and necessary, the Division shall consider the following:

(1)           Adequacy and cost-effectiveness of any work performed and technical activity utilized by the owner or operator or landowner in performing release response, site assessment and corrective action.

(2)           Typical billing rates of engineering, geological, or other environmental consulting firms providing similar services in the State as determined by the Division.

(3)           Typical rental rates for any necessary equipment as determined by the Division.  The mount reimbursed for equipment rental shall not exceed the typical purchase price of such equipment.

(4)           Typical costs or rates of any other necessary service, labor or expense as determined by the Division.

(5)           Whether costs expended for corrective action were required by 15A NCAC 2L.

(b)  Expenditures not eligible for reimbursement shall include the following:

(1)           Costs of the removal and disposal of noncommercial underground storage tanks and contents removed on or after July 3, 1991, and of commercial underground storage tanks and contents removed on or after January 1, 1992;

(2)           Costs of the replacement of any underground storage tank, piping, fitting, or ancillary equipment;

(3)           Costs incurred in preparation of any proposals or bid by a provider of service for the purpose of soliciting or bidding for the opportunity to perform an environmental investigation or cleanup, even if that provider is ultimately selected to provide the service solicited;

(4)           Interest on any accounts, loans, etc.;

(5)           Expenses charged by the owner or operator or landowner in the processing and management of a reimbursement application or subsequent claims;

(6)           Attorney's fees;

(7)           Penalties, fees, and fines assessed by any court or agency;

(8)           Loss of profits, fees, and wages incurred by the owner or operator or landowner;

(9)           Costs incurred during cleanup if preapproval of the cleanup tasks and associated costs was not obtained from the Division.  Preapproval is not required for assessment activities or for costs determined by the Division to be related to emergency response actions;

(10)         Any other expenses not specifically related to environmental cleanup, or implementation of a cost effective environmental cleanup, or third party bodily injury or property damage.

 

History Note:        Authority G.S. 143‑215.3; 143‑215.94B; 143‑215.94D; 143‑215.94E; 143‑215.94L; 143‑215.94T; 143-215.94V; 143B-282;

Eff. February 1, 1993;

Amended Eff. September 1, 1993;

Temporary Amendment Eff. January 2, 1998; January 2, 1996;

Amended Eff. October 29, 1998 (SB 1598);

Temporary Amendment Eff. October 1, 1999;

Amended Eff. August 1, 2000.