Section R18-12-607. Schedule of Corrective Action Costs

E.      

	(A), (B), and (D);	A.	Establishment of Cost Schedule. The Department shall estab-
	3.     The eligible person is eligible to receive the requested		lish   a  schedule   of  costs  in  accordance  with   A.R.S.  §
	assurance account coverage under A.R.S. §§ 49-1052 and		49-1054(C). When establishing the costs in the cost schedule,
	49-1054; and		the Department shall base its determination of fairness and
	4.     The invoices submitted are consistent with subsection		reasonableness on cost and price information received by the
	(C)(2). The Department shall not approve for payment		Department, including invoices submitted by corrective action
	invoices that exceed the cost estimate  under R18-12-		service providers under contract with the Department pursuant
	605(C)(12) or, for direct payment requests against preap-		to A.R.S. § 49-1017. The Department may consider the costs
	proval applications approved before the effective date of		of eligible activities in other states.
	this   rule,  the   detailed  cost  estimate   approved  by   the	B.	Contents. The schedule of corrective action costs shall include
	Department.		phases of corrective action, task-based and incremental correc-
D.	Non-preapproved Corrective Actions and Associated Costs. A		tive action costs, and costs for eligible activities invoiced on a
	direct payment request may include non-preapproved costs of		time and materials basis that the Department considers fair and
	corrective  actions  that   meet  the   requirements  of  A.R.S.   §		reasonable and established under subsection (A). The schedule
	49-1054(C)(1) and (C)(2), as applicable. If the direct payment		of corrective action costs shall contain descriptions of each
	request includes non-preapproved corrective actions and costs,		phase of corrective action, and descriptions and allowable
	the direct payment request shall include  the following, as		costs for each task, increment, and eligible activity included in
	applicable, on a form provided by the Department:		the schedule.
	1.     For each substituted work item subject to the require-	C.	Time and Materials—Reasonableness of Cost. If an eligible
	ments of A.R.S. § 49-1054(C)(1), the preapproved and		activity is identified in the schedule of corrective actions as
	substituted work item, the line number and the amount of		being payable only on a time and materials basis, the Depart-
	the preapproved work item from the approved preap-		ment shall evaluate the reasonableness of the claimed costs
	proval application, the amount of the substituted work		under subsection (A), based on the following required infor-
	item, and the unit rate and number of units for the substi-		mation which is obtained from the eligible person:
	tuted work item from the schedule of corrective action		1.     Hourly labor rate, time, and cost for each labor classifica-
	costs;		tion utilized in the eligible activity;
	2.     For  each  non-preapproved,  non-substituted  work   item		2.     Equipment rate, time, and cost for each equipment classi-
	subject to the requirements of A.R.S. § 49-1054(C)(2),		fication utilized in the eligible activity;
	the work item, the amount of the work item, and the unit		3.     Itemized material costs expended in the eligible activity;
	rate and number of units for the work item from the		4      Subcontractor services itemized and documented as in
	schedule of corrective action costs; and		subsections (C)(1) through (3); and
	3.     A waiver with the original signature of the eligible per-		5.     All amounts identified in subsections (C)(1) through (4)
	son, waiving any current or future claim for the cost of		with cross-references to a summary of work or any writ-
	the preapproved work item subject to subsections (D)(1)		ten report already on file with the Department.
	and (D)(2), as applicable.		Historical Note

  

 

Reports. Notwithstanding this Section, the Department shall pay, in accordance with R18-12-608, a direct payment request for the costs of a report if one or more of the following apply:

1.        The report is required by R18-12-260 through 264.01;

2.        The report is submitted at the written request or written instruction of the Department;

3.        The report is required by other regulatory programs; or

4.        The report,  if approval is required under R18-12-260 through R18-12-263.03, as applicable, is approved by the Department.

F.        Notice of Direct Payment Request Determination. The Depart- ment shall notify the eligible person or the designated repre- sentative of an owner or operator of its determination on the direct payment request in accordance with R18-12-601(C), R18-12-610, and R18-12-611, as applicable.

G.       Severability. The Department shall approve direct payment for a part of the corrective action costs that are a subject of the direct payment request, provided the conditions at subsections

(A)  through  (D)  are   satisfied  for  that  part,   and  deny  the remaining costs in the direct payment request.

H.       Direct Payment. Using assurance account monies, the Depart- ment shall make direct payment of approved costs, less any copayment amount determined under R18-12-609 and, if nec- essary, make payment in the order of priority determined according to R18-12-612.

Historical Note

Adopted effective September 21, 1992 (Supp. 92-3). Sec- tion repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2).

Adopted effective September 21, 1992 (Supp. 92-3).

Amended effective September 14, 1995 (Supp. 95-3). Section repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2).