401 KAR 42:250. Petroleum Storage Tank Environmental Assurance Fund reimbursement procedures.

401 KAR 42:250. Petroleum Storage Tank Environmental Assurance Fund reimbursement procedures.

RELATES TO: KRS 224.01-400, 224.01-405, 224.60-120, 224.60-130, 224l60-135, 224.60-140, 224.60-150

STATUTORY AUTHORITY: KRS 224.60-120(6), 224.60-130 (1)(a)-(e)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.60-130(1)(a) through (e) requires the establishment of the procedures to administer the Petroleum Storage Tank Environmental Assurance Fund (PSTEAF). This administrative regulation establishes those procedures.

Section 1. Applicability. This administrative regulation establishes the eligibility requirements and procedures for an eligible petroleum storage tank owner or operator to make application and receive reimbursement from the cabinet to pay the cost of corrective action due to a release from a petroleum storage tank. Federal and state-owned facilities shall not be eligible for reimbursement from the PSTEAF.

Section 2. Application for Assistance. (1) Within thirty (30) calendar days of a confirmed release, a petroleum storage tank owner or operator who has received a Certificate of Registration and Reimbursement Eligibility, pursuant to and incorporated by reference in 401 KAR 42:020, or a Certificate of Eligibility, issued prior to the effective date of this administrative regulation, which indicates that the owner or operator is eligible to participate in the Financial Responsibility Account or the Petroleum Storage Tank Account, shall complete and submit to the cabinet an "Application for Assistance", DEP 6063 (August 2006) as incorporated by reference in Section 26 of this administrative regulation.

(2) An owner or operator who has not submitted an Application for Assistance for a confirmed release prior to the effective date of this administrative regulation shall submit a completed Application for Assistance in order to be eligible for reimbursement.

(3) The eligible petroleum storage tank owner or operator shall certify in the Application for Assistance that:

(a) A release requiring corrective action from an eligible facility has occurred and has been reported to the cabinet; and

(b) A contract has been entered into and submitted in accordance with Section 3 of this administrative regulation.

(4) A written notice, in accordance with 401 KAR 42:070, shall be submitted to the applicable regional office at least fourteen (14) calendar days prior to commencement of the permanent closure of the petroleum storage tank to maintain eligibility for reimbursement.

(5) The cabinet shall identify in writing deficiencies in a submitted Application for Assistance. Failure by the applicant to provide the requested information and documentation within thirty (30) days of receipt of the request shall cause the application to be denied. A request for an extension of time in which to submit the requested information shall be submitted in writing to the cabinet prior to the deadline. Denial of the Application for Assistance shall not prevent the petroleum storage tank owner or operator from reapplying if the requested documentation becomes available.

(6) If the petroleum storage tank owner or operator meets the requirements of subsections (2) and (3) of this section, the cabinet shall:

(a) Approve the Application for Assistance;

(b) Reevaluate the eligibility of the owner or operator to receive reimbursement from either the Financial Responsibility Account or the Petroleum Storage Tank Account according to Section 4 of this administrative regulation; and

(c) If the evaluation results in changing the owner’s or operator’s account placement from the initial placement made prior to the submittal of the Application for Assistance, the cabinet shall issue an amended "Certificate of Registration and Reimbursement Eligibility", DEP 7113 (January 2006), incorporated by reference in 401 KAR 42:020.

Section 3. Contracts. (1) A petroleum storage tank owner or operator shall obtain a contract from a certified company, if work was initiated on or after July 1, 1999, to be eligible for reimbursement from the cabinet for:

(a) The performance of release investigation, site check or site investigation for a facility; and

(b) The development and implementation of a corrective action agreement in accordance with Section 17 of this administrative regulation.

(2) The contract shall be obtained and submitted to the cabinet prior to commencing activity, except for those actions directed and documented by the cabinet’s Environmental Response Team upon the cabinet’s declaration of an environmental emergency.

(3) If a contract is changed or revised, a copy of that contract shall be submitted to the cabinet within thirty (30) days of execution.

Section 4. Account Placement. (1) An owner or operator of a petroleum storage tank shall be eligible to receive reimbursement for corrective action costs and third-party claims, incurred on or after April 9, 1990, from the Financial Responsibility Account if the cabinet determines the petroleum storage tank owner or operator to have satisfied the following requirements:

(a) Registered the tanks with the cabinet in accordance with 401 KAR 42:020 prior to the release requiring corrective action;

(b) Maintained UST system release detection as required by 401 KAR 42:040. A petroleum storage tank permanently or temporarily closed, in compliance with 401 KAR 42:070, shall have maintained compliance with UST system release detection requirements prior to the permanent or temporary closure of the system;

(d) Maintained overfill and spill prevention as required by 401 KAR 42:030 for those tanks in operation after December 22, 1998;

(e) Received a "Certificate of Registration and Reimbursement Eligibility", DEP 7113 (January 2006) for the facility, pursuant to 401 KAR 42:020, or a Certificate of Eligibility issued prior to the effective date of this administrative regulation;

(f) Filed a notice of intent form, incorporated by reference in 401 KAR 42:070, if applicable, with the cabinet to permanently close the petroleum storage tanks at the facility or to make a change-in-service to comply with the requirements of 401 KAR 42:070;

(g) Reported the release to the cabinet immediately after the discovery of the release as required by KRS 224.01-400 and 401 KAR 42:050;

(h) Performed initial abatement procedures as required by the "UST System Release Response and Initial Abatement Requirements Outline" (August 2006), incorporated by reference in 401 KAR 42:060; and

(i) With regard to reimbursement for third-party claims, has complied with the requirements of 401 KAR 42:300.

(2) An owner or operator of a petroleum storage tank who is not eligible for participation in the Financial Responsibility Account, shall be eligible for reimbursement by the Petroleum Storage Tank Account for the cost of corrective action incurred on or after April 9, 1990, if the cabinet determines the petroleum storage tank owner or operator has satisfied the following requirements:

(a) Registered the facility with the cabinet in accordance with 401 KAR 42:020;

(b) Filed a notice of intent form with the cabinet to permanently close the petroleum storage tanks at the facility (if applicable) or to make a change-in-service (if applicable) to comply with the requirement of 401 KAR 42:070; and

(3) Facilities placed in the Petroleum Storage Tank Account shall not be eligible for third-party coverage.

Section 5. Entry Level to the Financial Responsibility Account and Petroleum Storage Tank Account. (1) For facilities with releases confirmed after the effective date of this administrative regulation, a petroleum storage tank owner’s or operator’s entry level shall be deducted from the overall reimbursement except as provided in subsections (2) and (3) of this section.

(2) An entry level shall not be deducted from the overall reimbursement if the owner or operator participated in the Small Owner Tank Removal Account in accordance with 401 KAR 42:330.

(3) The entry level shall not be deducted from the overall reimbursement if the owner or operator is directed by the cabinet to perform a site check, in accordance with 401 KAR 42:060, for the facility and the laboratory analyses indicate corrective action is not required at the facility.

(4) Upon request by the petroleum storage tank owner or operator, the cabinet shall reimburse, upon final payment, twenty-five (25) percent of the entry level if the petroleum storage tank owner or operator has:

(a) Completed corrective action at the facility within:

1. 180 days from the discovery of the release, for soil remediation alone; or

2. Twenty-four (24) months from the discovery of the release, for groundwater alone or for both soil and groundwater remediation; and

(b) Received a no further action letter without additional measures being required.

Section 6. Newly Discovered Underground Storage Tank System. (1) A newly-discovered underground storage tank system encountered at a facility during the performance of corrective action due to a release from a registered tank shall not affect an owner’s or operator’s account placement eligibility.

(2) The number of newly discovered tanks shall not increase the entry level of the owner or operator.

Section 7. Preestablished Fixed Cost Reimbursement. (1) All reimbursements shall be made on the basis of preestablished fixed costs as established in the "Contractor Cost Outline" (August 2006), except as provided for in Section 8 through Section 19 of this administrative regulation and 401 KAR 42:330.

(2)(a) The preestablished fixed cost shall be identified within a written directive issued by the cabinet pursuant to 401 KAR 42:060 and shall be:

1. Itemized by the cabinet on the appropriate reimbursement cost worksheets attached to the written directive as identified below:

a. "Initial and Intermediate Site Investigation and Site Check for a Facility" worksheet, DEP 6066C, (August 2006) of this administrative regulation; and

b. "Final Site Investigation for a Facility" worksheet, DEP 6066D, (August 2006); and

2. Considered the final cost for the completion of the written directive and shall serve as an obligation and guarantee of payment in accordance with KRS 224.60-140(5).

(b) Fixed cost reimbursement shall be made after the following actions are completed:

1. The submittal and approval of an Application for Assistance in accordance with Section 2 of this administrative regulation;

2. A determination by the cabinet that the report submitted in response to each written directive is complete and meets the requirements of 401 KAR Chapter 42;

3. The submittal of necessary documentation pursuant to the "Contractor Cost Outline", (August 2006) of this administrative regulation; and

4. The submittal of signed worksheets provided with the written directive from the cabinet.

(3) The initial fixed cost for over-excavation shall be identified on the "Over-Excavation" worksheet, DEP 6066E, (August 2006). An estimate of the tonnage removed shall be based on the volume and density of material in the proposed excavation area. The cabinet shall convert cubic yards to tons using a density of 1.5 tons per cubic yard. Actual reimbursement shall be based on:

(a) A submittal of weigh tickets; or

(b) The actual area of over-excavation, not to exceed the initial estimate as identified on the "Over-Excavation" worksheet, DEP 6066E, (August 2006).

(4) Preestablished fixed costs identified by the cabinet for corrective action agreements shall be determined based on the negotiated agreement between the cabinet and petroleum storage tank owner or operator.

Section 8. General Requirements for the Submittal of Claims for which there is no Preestablished Fixed Cost. (1) Any eligible costs for which a directive was issued prior to the effective date of this administrative regulation shall be submitted on the forms in effect at the time the directive was issued.

(2) Cost estimates shall be submitted on the appropriate reimbursement cost worksheets, and approved by the cabinet, prior to incurring costs for actions not covered in Section 7 or Section 10 of this administrative regulation. The cabinet shall establish a reimbursable amount based on a cost estimate submitted by the contractor, which shall serve as an obligation and guarantee of payment in accordance with KRS 224.60-140(5).

(3) The request for reimbursement associated with a written directive that does not include a preestablished fixed cost, issued by the cabinet after the effective date of this administrative regulation, shall be submitted on the appropriate reimbursement cost worksheet as an attachment to the required technical report.

(4) The cabinet may require additional information and documentation to determine that an eligible request for reimbursement is necessary and reasonable. Actions necessary as a result of mistakes, omissions, or inefficiencies of the certified contractor occurring during the performance of corrective action, shall not be reimbursed.

(5) The cabinet shall issue a determination pursuant to KRS 224.60-140(7) as to whether the costs submitted in the claim are eligible for reimbursement.

(6) If the applicant fails to correct the deficiency or to supply the additional information required by the cabinet, that portion of the claim shall be denied.

(7) All claims shall be submitted within two (2) years after issuance of a no further action letter by the cabinet.

Section 9. Claim Submittal for Declared Emergency Actions. (1) Reimbursement for costs incurred to abate an environmental emergency shall be limited to those reasonable and necessary actions as directed and documented by the Environmental Response Team (ERT) under the terms of a declared emergency.

(2) The claim request shall include the following documentation if the costs submitted were initiated after the effective date of this administrative regulation:

(a) "Claim Request Form", DEP 6064 (January 2006);

(b) "Invoice Listing Form", DEP 6065 (January 2006);

(d) Original invoices as required in the "Contractor Cost Outline" (August 2006);

(e) Documentation outlining the specific cabinet directives and dates from ERT; and

(f) Documentation to establish that the petroleum storage tank owner or operator has complied with the administrative regulations or written directives from ERT.

(3) Claims submitted shall be reviewed within thirty (30) days of receipt.

(4) Future reimbursement for actions subsequent to the close of the declared emergency will be contingent upon written directives from the cabinet or entering into a corrective action agreement.

Section 10. Third-party Claims. Third-party claims shall be submitted in accordance with 401 KAR 42:300 and shall include the "Third-party claim Form", DEP 6078, (January 2006).

Section 11. Capital Equipment. (1) A petroleum storage tank owner or operator who has been directed by the cabinet to initiate corrective action that requires the purchase of equipment costing in excess of $1,000 shall obtain prior approval of the purchase by submitting a "Capital Equipment Preapproval Purchase/Rental Request", DEP 6071, (January 2006) form.

(2) Reimbursement using the "Capital Equipment Claim Form", DEP 6070, (January 2006) shall be limited to the purchase price, less determined salvage value, as approved by the cabinet.

(3) The cabinet shall approve either the purchase or rental of remediation equipment and shall establish the amount to be reimbursed, in accordance with the "Contractor Cost Outline", (August 2006).

Section 12. Claims for Initial Abatement-free Product Recovery. (1) Reimbursement requests for costs incurred during initial abatement or free product recovery actions, as directed by the cabinet, shall be submitted to the cabinet as a claim. The claim request shall include the following documentation if the written directive is issued by the cabinet after the effective date of this administrative regulation:

(a) "Claim Request Form", DEP 6064, (January 2006);

(b) "Invoice Listing Form", DEP 6065, (January 2006);

(d) Original invoices as required in the "Contractor Cost Outline", (August 2006).

(2) Reimbursements shall be contingent upon a determination by the cabinet that the submitted reports are accurate and complete, in accordance with 401 KAR 42:060.

Section 13. Claims for Quarterly Monitoring Reports and System Maintenance. Reimbursement for costs incurred for quarterly monitoring, system maintenance, and reporting shall be limited to those actions specified in the approved and implemented corrective action plan.

(1) If the work was initiated after the effective date of this administrative regulation, claim requests shall include the following documents:

(a) "Claim Request Form", DEP 6064, (January 2006);

(b) "Invoice Listing Form", DEP 6065, (January 2006);

(d) Original invoices as required in the "Contractor Cost Outline", (August 2006).

(2) Reimbursements shall be contingent upon a determination by the cabinet that the submitted reports are accurate and complete.

Section 14. Claims for Optional Soil Removal Outside of the Excavation Zone at the Time of Permanent Closure in Accordance with 401 KAR 42:070. (1) Reimbursement requests for costs incurred for optional soil removal outside of the excavation zone shall be submitted on the "Over-Excavation" worksheet, DEP 6066E, (August 2006).

(2) The claim request shall include the following documentation if the costs submitted were incurred after the effective date of this administrative regulation:

(a) "Claim Request Form", DEP 6064, (January 2006);

(b) "Invoice Listing Form", DEP 6065, (January 2006);

(d) Original invoices as required in the "Contractor Cost Outline", (August 2006); and

(e) Backup documentation required to support each task as required on the worksheet.

(3) Reimbursements shall be contingent upon a determination by the cabinet that the submitted reports are accurate and complete.

Section 15. Claims for Miscellaneous Tasks. (1) The "Miscellaneous Tasks" worksheet, DEP 6066H, (August 2006) shall be completed to initiate reimbursement for the following actions:

(a) Nonemergency initial abatement actions pursuant to 401 KAR 42:060 conducted prior to a directive being issued by the cabinet;

(b) Transportation and disposal of drums containing purged water or soil cuttings not reimbursed on a previous claim;

(c) Initial review of facility information by a newly contracted certified company and contractor having no previous knowledge of the facility;

(d) Decommissioning of cisterns or drinking water wells as required to address conditions at the regulated facility;

(e) Monitoring well pad replacement;

(f) Tank and line tightness testing, as requested in writing by the cabinet, for corrective action activities;

(g) Encroachment permit or off-site access agreements, if required by the cabinet;

(h) Dye trace tests;

(i) Backfill subsidence repair; or

(j) Corrective action activities proposed by the petroleum storage tank owner or operator, or directed by the cabinet that do not include a unit cost listed in this administrative regulation.

(2) The claim request shall include the following documentation if the incurred costs submitted were initiated after the effective date of this administrative regulation:

(a) "Claim Request Form", DEP 6064, (January 2006);

(b) "Invoice Listing Form", DEP 6065, (January 2006);

(d) Original invoices as required in the "Contractor Cost Outline", (August 2006); and

(e) Backup documentation to support each task as required on the worksheet.

(3) Reimbursements shall be contingent upon a determination by the cabinet that the submitted reports are accurate and complete, in accordance with 401 KAR 42:060.

Section 16. Claims for Facility Restoration. (1) A reimbursement request for costs related to facility restoration shall include the following information:

(a) "Claim Request Form", DEP 6064, (January 2006);

(b) "Invoice Listing Form", DEP 6065, (January 2006);

(d) Original invoices as required in the "Contractor Cost Outline", (August 2006);

(e) Backup documentation required to support each task as required on the worksheet; and

(f) A site map for a facility, to scale, depicting the area impacted by corrective action (for example, over-excavation), the area of facility restoration and photographs of the area before and after facility restoration.

(2) Reimbursements shall be contingent upon a determination by the cabinet that the submitted reports are accurate and complete, in accordance with 401 KAR 42:060.

Section 17. Corrective Action Agreements. At the time the cabinet approves an owner or operator’s interim or final corrective action plan pursuant to 401 KAR 42:060, the cabinet and the owner or operator shall for purposes of reimbursement enter into a Corrective Action Agreement which shall set forth:

(1) Method of reimbursement;

(2) Amount to be reimbursed; and

(3) Rate or schedule of payment.

Section 18. Criteria for Approval of a Claim. (1) A claim with an approved Application for Assistance for the Financial Responsibility Account or the Petroleum Storage Tank Account shall be reviewed to determine if:

(a) The corrective action complies with 401 KAR Chapter 42 and written directives from the cabinet;

(b) Each cost is necessary, reasonable and consistent with the requirements of 401 KAR Chapter 42 and written directives from the cabinet;

(d) All supplemental information has been supplied;

(e) The applicant has complied with Section 25 of this administrative regulation; and

(f) Annual tank fees have been paid as required by KRS 224.60-150.

(2) Reimbursement shall be made by a check remitted to the eligible petroleum storage tank owner or operator.

Section 19. Eligible Reimbursement Rates. Established unit costs and rates for eligible reimbursement are identified in the "Contractor Cost Outline", (August 2006) incorporated by reference in Section 26 of this administrative regulation.

Section 20. Signatures. (1) Forms required by this administrative regulation for which a signature is mandated shall be signed by an eligible petroleum storage tank owner or operator as follows:

(a) For a corporation, by:

1. A president or secretary;

2. The duly authorized representative or agent of the president or secretary if the representative or agent is responsible for overall operation of the facility; or

3. A person designated by the board of directors by means of a corporate resolution.

(b) For a partnership, sole proprietorship or individual, by a general partner, the proprietor or individual respectively; or

1. A principal;

2. Executive officer; or

3. Ranking elected official.

(2) A claim form or Application for Assistance shall also be signed by:

(a) The certified contractor who is responsible for overseeing corrective action, unless corrective action commenced prior to March 1, 1995; and

(b) An authorized representative of the certified company, unless corrective action commenced prior to July 1, 1999.

(3) The owner or operator shall submit documentary evidence to substantiate the legality of an authorized representative’s power of agency or power of attorney.

Section 21. Loss of Future Reimbursement Eligibility. (1) A petroleum storage tank owner or operator shall be ineligible to receive future reimbursement from the Financial Responsibility Account or Petroleum Storage Tank Account if the petroleum storage tank owner or operator has:

(a) Knowingly or intentionally submitted false or inaccurate information to the cabinet; or

(b) Knowingly made a false statement, representation, or certification in an application, reimbursement request, or other document submitted to the cabinet.

(2) A cost incurred by, or paid from, the cabinet which is based on false or inaccurate information, or a false statement, representation, or certification shall be recovered by the cabinet from the person who asserted the false or inaccurate information, or false statement, representation, or certification.

(3) The cabinet shall have the right to recover the money paid to a petroleum storage tank owner or operator, or a contractor if:

(a) The amount was paid due to an error of the cabinet;

(b) The amount was paid due to a mistake, error, or inaccurate information in the claim submitted by the petroleum storage tank owner or operator or in an invoice submitted by a contractor; or

Section 22. Subrogation. Prior to making reimbursement of a claim, the cabinet shall acquire, by subrogation, the rights of the person receiving reimbursement to recover the amounts paid by the cabinet for the performance of corrective action from the person responsible or liable for the release.

Section 23. Facility Inspections. The cabinet may conduct inspections in accordance with KRS 224.60-130(1)(l) to determine the reasonableness and necessity of the costs of corrective action.

(1) The cabinet shall be authorized to enter and inspect a facility seeking reimbursement for the costs of corrective action.

(2) Refusal to allow a cabinet employee entry and inspection of a facility shall make the owner or operator ineligible for reimbursement. Money previously paid to the petroleum storage tank owner or operator of the facility shall be repaid to, or recovered by, the cabinet.

(3)(a) Cabinet personnel shall be present at the facility during all petroleum storage tank permanent closure activities, except as provided in paragraphs (d) and (e) of this subsection;

(b) A petroleum storage tank owner or operator shall contact the appropriate Field Operations Branch regional office, by certified mail, to schedule a date to have an inspector present at the facility during petroleum storage tank permanent closure activities. The certified mail notice shall be received a minimum of fourteen (14) calendar days prior to commencement of the permanent closure;

(c) If the inspector cannot be present at the facility on the day scheduled by the notice sent as required in paragraph (b) of this subsection, he may, by written notice, require the petroleum storage tank owner or operator to reschedule the permanent closure to a proposed date. This notice must be mailed by the cabinet no later than ten (10) days prior to the date scheduled by the petroleum storage tank owner;

(d) If the inspector fails to issue notice to reschedule the permanent closure, or is not present on the day set by the notice, the permanent closure may proceed without penalty; and

(e) This provision shall not apply to an emergency removal ordered by the cabinet.

(4)(a) A petroleum storage tank owner or operator shall:

1. Provide an inspector full access to an area or well for the collection of samples;

2. Split samples obtained at the facility with the cabinet, if required by the inspector;

3. Resample an area or well for which the result of analytical testing obtained by the cabinet differs significantly from the result obtained by the petroleum storage tank owner or operator; and

4. Have the burden of proving the validity of analytical results, if a discrepancy remains after resampling.

(b) The cabinet shall not reimburse the costs of resampling, if the cabinet determines that proper sampling, sample handling or analytical protocols were not adhered to by the contractor or certified laboratory.

(c) Failure to allow sample collection, or to split samples with the cabinet, shall render the owner or operator ineligible for reimbursement.

Section 24. Affidavits and Waivers. The following forms shall be submitted to the cabinet prior to reimbursement:

(1) "Payment Verification Affidavit Form", DEP 6075, (January 2006); and

(2) If required by KRS 224.60-140(18), a "Payment Waiver Form", DEP 6077, (January 2006) executed by each affected vendor and subcontractor.

Section 25. Account Balance. (1) The unobligated balance of the Financial Responsibility Account shall not be less than $1,500,000, so as to ensure a $1,000,000 reserve balance adequate to meet federal financial responsibility requirements for participants in the account and a $500,000 reserve balance for emergency abatement action by the cabinet pursuant to KRS 224.60-135. The $500,000 reserved for the cabinet's emergency abatement actions shall be renewed in that amount annually.

(2) If the unobligated balance of the Financial Responsibility Account is $1,500,000 or less, or the reimbursement of additional claims would cause the unobligated balance of the fund to be less than $1,500,000, the cabinet shall immediately suspend claim reimbursements and the approval of applications until the unobligated balance is greater than $1,500,000. When the suspension is lifted, the priority of reimbursement for claims submitted related to an approved application for assistance shall be determined by the date of the claim submittal.

Section 26. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Application for Assistance", DEP 6063, (August 2006);

(b) "Claim Request Form", DEP 6064, (January 2006);

(d) "Capital Equipment Claim Form", DEP 6070, (January 2006);

(e) "Capital Equipment Preapproval Purchase/Rental Request", DEP 6071, (January 2006);

(f) "Payment Verification Affidavit", DEP 6075, (January 2006);

(g) "Payment Waiver Form", DEP 6077, (January 2006);

(h) "Environmental Response Team Declared Emergency" worksheet, DEP 6066A, (August 2006);

(i) "Initial Abatement & Free Product Recovery" worksheet, DEP 6066B, (August 2006);

(j) "Initial and Intermediate Site Investigation and Site Check for Facilities" worksheet, DEP 6066C, (August 2006);

(k) "Final Site Investigation for a Facility" worksheet, DEP 6066D, (August 2006);

(l) "Over-Excavation" worksheet, DEP 6066E, (August 2006);

(m) "Quarterly Monitoring Reports and System Maintenance" worksheet, DEP 6066G, (August 2006);

(n) "Miscellaneous Tasks" worksheet, DEP 6066H, (August 2006);

(o) "Facility Restoration" worksheet, DEP 6066I, (August 2006);

(p) "Third Party Claim Form", DEP 6078, (January 2006); and

(q) "Contractor Cost Outline", (August 2006).

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Underground Storage Tank Branch, 81 C. Michael Davenport Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., excluding state holidays, and may also be obtained on the Division of Waste Management’s web page located at www.waste.ky.gov. (32 Ky.R. 2207; 33 Ky.R. 471; 745; eff. 9-13-2006.)