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(1) The following costs incurred in implementing a corrective action plan are presumed to be reasonably incurred:

(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(c) supplies and materials directly associated with the project (e.g., equipment purchased or withdrawn from inventory specifically for the corrective action, laboratory analysis, or well supplies);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. If no lodging invoice is provided, the reimbursement shall be at the rate of non-receiptable lodging facilities in accordance with 2-18-501(5), MCA;

(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 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 to be reasonably incurred:

(a) miscellaneous office postage, such as mailing of application, reports, and correspondence;

(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;

(k) charges incurred prior to release discovery date;

(l) charges for preparation of board forms;

(m) charges for preparation of department 30-day release report;

(n) removal and disposal of petroleum, petroleum sludge, and other liquids from tanks;

(o) removal of petroleum storage tanks required by underground storage tank rules or the International Fire Code; and

(p) state permit fees for tank removal or system modifications.

(3) The following costs for implementing a corrective action plan are presumed to be reasonably incurred, 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) access or 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). The subcontractor markup may be reimbursable when the subcontractor's invoice and the evidence of subcontractor payment is on the same claim form as the markup. Subcontractor markup is allowed only when the subcontracted work was preapproved in a corrective action plan; and

(d) shipping of samples and equipment.

(4) Any presumption in this rule may be overcome by presenting clear and convincing evidence to the board that the presumption should not apply, in accordance with the procedure set forth in ARM 17.58.336(6).

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; AMD, 2011 MAR p. 377, Eff. 3/25/11.

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