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(1) The following types of charges are presumed eligible for reimbursement:

(a) long distance telephone charges specific to the project;

(b) computer usage for generating graphics, maps, well logs, etc., that are necessary for reports;

(c) supplies and materials directly associated with the project (e.g., equipment purchased or withdrawn from inventory specifically for the corrective action, laboratory analysis, or well supplies) ;

(d) copies and facsimiles, not to exceed the preapproved rate, unless documentation supports a higher charge paid to an outside entity;

(e) mileage, at a rate equal to $0.05 per mile above the high rate for mileage reimbursement prescribed in the Montana Operation Manual (MOM) , Volume I, Chapter 1-0300, Policy No. 1-0310.10 (August 13, 2002) ;

(f) lodging at actual cost unless excessive. Documentation supporting the cost (lodging invoice) is required;

(g) meals at the rates set forth in 2-18-501 , MCA, for state employees traveling within Montana. Computation of time for purposes of determining meal allowances must be made according to 2-18-502 , MCA. Exceptions for higher actual costs may be made by showing that seasonal or other factors make meals available at the above listed rates in certain limited areas (receipts will be required) ;

(h) vendor charges at cost;

(i) subcontractor charges at cost, unless a markup is allowed under (3) (c) ;

(j) sampling fees at $10 per sample, which includes bottle, ice, cooler, packing, and office-related handling charges.

(2) The following list indicates, by way of example and not limitation, types of charges that are presumed not eligible for reimbursement:

(a) miscellaneous office postage;

(b) preparation of billing information and invoices;

(c) computer charges for writing reports;

(d) administrative charges for handling payments;

(e) standard office supplies;

(f) markups, add-ons, or profit added to vendor or subcontractor invoices, except as allowed under (3) (c) ;

(g) charges for basic telephone service;

(h) interest;

(i) multi-tiered markups;

(j) markups by a person who serves the sole function of providing funding for a corrective action; and

(k) charges incurred prior to release discovery date.

(3) The following may be eligible for reimbursement, only if approved by the board staff prior to claim submission:

(a) rates for labor categories not listed in the board's fee schedule list;

(b) trespass fees;

(c) markups, not to exceed 7%, on subcontractor invoices when the subcontractor is furnishing labor (and incidental goods or supplies) on a project as part of the cleanup. Proof of payment by the contractor to the subcontractor must be submitted prior to board approval or director approval, authorized under ARM 17.58.336(3) . Subcontractor markup is allowed only when the subcontracted work was preapproved in a corrective action plan.

(4) The presumptions made in (1) and (2) may be overcome if specific circumstances warrant.

History: 75-11-318, MCA; IMP, 75-11-318, MCA; NEW, 1993 MAR p. 2678, Eff. 11/11/93; TRANS, from DHES, and AMD, 1996 MAR p. 3125, Eff. 12/6/96; AMD, 1997 MAR p. 2198, Eff. 12/2/97; AMD, 1999 MAR p. 1512, Eff. 7/2/99; AMD, 1999 MAR p. 2279, Eff. 10/8/99; AMD, 2003 MAR p. 11, Eff. 1/17/03.

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