(1) The board must not approve a claim for reimbursement unless the owner or operator has submitted a completed application for eligibility and the board has determined that the owner or operator is eligible in accordance with 75-11-308 , MCA.

(2) Upon receipt of a claim for reimbursement for corrective action costs the board staff shall determine if the claim form is complete. The board staff shall promptly advise the owner or operator, or a remediation contractor acting on behalf of an owner or operator, of any incompleteness or deficiency which appears on the claim form. The final review may be suspended pending the submission of additional information by the owner or operator, or a remediation contractor acting on behalf of an owner or operator.

(3) Claim forms that have been reviewed as complete at least 60 days prior to a scheduled board meeting will normally be considered by the board at that meeting. The reimbursement of claims for which authority to reimburse has been delegated under (4) , is not subject to this procedure. The agenda for consideration of claims at board meetings must follow the order in which claim forms were reviewed as complete and which are not reimbursed under (4) .

(4) The board may delegate to the director of the Department of Environmental Quality authority to process and order reimbursement of specified categories of claims upon receipt and review. The director of the Department of Environmental Quality shall report the number of such claims and the amounts obligated or expended at the next meeting of the board.

(5) The recommendations of the board staff shall be mailed to each board member and to the person submitting the claim at least seven days prior to a board meeting which is scheduled to consider the claim.

(6) The owner or operator may appear before the board and make a statement regarding the claim and the board staff's recommendations. Any other interested party may also make a statement. The board may establish a fair and reasonable limit on the time allowed for oral presentations. The board shall thereafter consider the claim and may grant it in whole, in such part as may to the board seem proper, or may deny the claim. Reasons for partial or total denials or disallowed expenses must be stated in the claim reimbursement summary contain in the file, and must be mailed to the owner or operator within ten days of the board's decision. The minutes of a board meeting must reflect the sequence of actions taken on claims.

(7) Claims subject to the provisions of 75-11-309 (2) or (3) (b) (ii) , MCA, must be reimbursed according to the following:

(a) Except as provided in (7) (e) , such claims must be paid pursuant to the following schedule:

 

Period of Noncompliance                   Percent of allowed claim

                                                               to be reimbursed

1 to 30 days                                          90%

31 to 60 days                                        75%

61 to 90 days                                        50%

91 to 180 days                                      25%

greater than 180 days                          no reimbursement

 

(b) For claims subject to the provisions of 75-11-309 (2) , MCA, the period of noncompliance must begin on the date upon which the department issues an administrative order to the owner or operator. The period of noncompliance must end on the date upon which the owner or operator has satisfied the administrative order, as determined by the department in writing.

(c) For claims subject to the provisions of 75-11-309 (3) (b) (ii) , MCA, the period of noncompliance must begin on the date upon which the board determines that the owner or operator has not complied with 75-11-309 , MCA, or rules adopted pursuant to 75-11-309 , MCA. The period of noncompliance must end on the date upon which the board determines that the owner or operator has returned to compliance.

(d) Reimbursement of claims filed during the period of noncompliance must be suspended by the board. If the owner or operator returns to compliance as provided in (7) (b) or (c) , the board may allow reimbursement of the suspended and future claims as provided in (7) (a) . Any such reimbursement is subject to the requirements of 75-11-309 (3) (a) , MCA.

(e) The percentages of reimbursement set forth in (7) (a) may be adjusted by the board according to the procedures in (6) upon a substantial showing by the owner or operator that one or more of the following factors applies and would entitle the owner or operator to an adjustment:

(i) the noncompliance has not presented a significant increased threat to public health or the environment;

(ii) there has been no significant additional cost to the fund;

(iii) the delay in compliance was caused by circumstances outside of the control of the owner or operator;

(iv) there was an error in the issuance of the administrative order or an error in the determination of the date an administrative order was satisfied; or

(v) any other factor that would render use of the reimbursement schedule in (7) (a) demonstrably unjust.

(8) An owner or operator dissatisfied with the denial or disallowance of all or any part of the claim may request a formal hearing. This request, with a specification of the grounds for disagreement with the board's decision, must be filed in writing with the board within 15 days of the date upon which the board provides written notice to the owner or operator of the board's decision. Upon receiving such request, the presiding officer of the board may appoint a hearing examiner to supervise any discovery and prehearing matters and to conduct the hearing, in accordance with ARM 17.58.201.

(9) With the exception of the timeframes set forth in (7) (a) , any other time periods specified in this rule may be extended by agreement between the board and the owner or operator.