| (a) An application for reimbursement filed in accordance with this subchapter shall be on a form approved or provided by the agency. (b) The application must contain the following: (1) the name, address, telephone number, and signature of all of the following: the applicant, the application preparer, and the prime contractor and/or prime corrective action specialist required by §334.302 of this title (relating to General Conditions and Limitations Regarding Reimbursement; Assignments), unless otherwise approved by the agency; (2) the name, address, and telephone number of: (A) each owner and operator of the tanks; (B) the facility owner; and (C) the owner of the land on which the tank system is located; (3) the address and zip code of the facility where the release occurred; (4) the location of the facility at which the corrective action was performed or is to be performed, identified with sufficient clarity and detail to enable a person unfamiliar with the site to locate it and reach it by automobile; (5) any information required by the agency under §334.307 of this title (relating to Technical Information Required), if not already submitted to the agency; (6) legible copies of contractor and subcontractor invoices and any other documents required by the executive director to provide a description of: (A) any work performed; (B) who performed the work; (C) where the work was performed; (D) the dates the work was performed; (E) the unit cost, using the same breakdown of individual activities as are listed in this subchapter and Subchapter M of this chapter (relating to Reimbursable Cost Specifications for the Petroleum Storage Tank Reimbursement Program); and (F) the total amount paid, or ensured to be paid through the posting of a payment bond; (7) certification on the designated agency form, either that the amounts described in §334.309(c) of this title (relating to Reimbursable Costs) have been paid in full by the claimant, or have been ensured to be paid in full through the posting of a payment bond in the amount not yet paid in full by the claimant. The certification must include: (A) for reimbursement(s) to a claimant who is an eligible owner or operator, or an insurer under §334.302(k)(1)(B) of this title, a certification as to payment of the claimant's prime contractor; or (B) for reimbursement(s) to a claimant who is an assignee contractor described in §334.302(k)(1)(A) of this title, a certification as to payment of the claimant's subcontractors; (8) if the agency is being requested to honor a reimbursement assignment under §334.302(i) - (k) of this title, the application must include a complete assignment document as described in §334.302(i) - (k) of this title; (9) if any combination of the owner or operator or the persons performing corrective action activities at, or for, the leaking petroleum storage tank site in question are related parties as the term is defined in §334.322 of this title (relating to Subchapter H Definitions), the application must contain a full description of all such relationships including applicable documentation; and (10) any other information which the agency may reasonably require. (c) An application may be filed at the following times: (1) after the completion of a phase or pre-approved activity; or (2) at points during the corrective action process agreed to by the agency and the applicant. (d) The agency may require the applicant to supplement information already submitted or return the application if the information is not sufficient to review the application. (e) The applicant must update his application with any information not yet submitted to the agency before processing or payment of claims at any stage begins. (f) A subcontractor may submit information to the agency to assert a claim that the subcontractor has performed pre-approved work and has not been fully paid for the work. To be considered for direct reimbursement by the commission under this subchapter, each of the following requirements must be met: (1) the subcontractor requesting to be directly reimbursed by the agency shall have performed work for a person eligible for reimbursement in accordance with §334.310 of this title (relating to Requirements for Eligibility) and performed such work as a subcontractor to a prime corrective action specialist retained by the eligible owner or operator; (2) a Fund Payment Report that contains the charges for which the subcontractor has not been paid has been issued in accordance with §334.314 of this title (relating to Fund Payment Report); (3) the prime corrective action specialist has failed to pay the subcontractor, due to insolvency subject to the limitations of 11 United States Code, §365(e)(1), the amount reflected on the Fund Payment Report; (4) the commission has not paid for the work performed in the Fund Payment Report or the commission has successfully recovered the money paid for the work performed in the Fund Payment Report in accordance with §334.318 of this title (relating to Recovery of Costs) and Texas Water Code, §26.355; and (5) between November 18, 2004, and March 18, 2005, inclusive, the subcontractor has filed the following: (A) written notice to the agency of the amounts owed on each specific Fund Payment Report that the prime corrective action specialist has failed to pay; and (B) an affidavit by the subcontractor stating that the prime corrective action specialist has failed to pay the amount being requested by the subcontractor. (g) For purposes of this subchapter, the following are the phases of corrective action: (1) initial abatement measures and emergency actions phase; (2) preliminary site assessment phase; (3) comprehensive site assessment phase; (4) risk assessment and remediation planning phase; (5) remediation phase; (6) post-remediation monitoring phase; and (7) site closure. |
| Source Note: The provisions of this §334.306 adopted to be effective September 26, 1990, 15 TexReg 5209; amended to be effective March 4, 1992, 17 TexReg 1385; amended to be effective March 25, 1993, 18 TexReg 1687; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective November 18, 2004, 29 TexReg 10532; amended to be effective November 9, 2006, 31 TexReg 9034 |
