Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Administrative Rules
CHAPTER 7152, DRY CLEANER ENVIRONMENTAL RESPONSE AND REIMBURSEMENT
MINNESOTA POLLUTION CONTROL AGENCY
| Part | Title |
|---|---|
| 7152.0100 | DEFINITIONS. |
| 7152.0200 | REIMBURSEMENT OF COSTS. |
| 7152.0300 | ELIGIBLE COSTS. |
| 7152.0400 | INELIGIBLE COSTS. |
| 7152.0500 | MAXIMUM HOURLY RATES. |
| 7152.0600 | MAXIMUM TRAVEL AND PER DIEM CHARGES. |
| 7152.0700 | MAXIMUM EQUIPMENT AND FIELD SUPPLIES CHARGES. |
| 7152.0800 | REIMBURSEMENT; ACTUAL COSTS. |
| 7152.0900 | ADJUSTMENT OF DOLLAR AMOUNTS. |
| 7152.1000 | APPLICATION PROCESS. |
7152.0100 DEFINITIONS.
Subpart 1.
Scope.
The terms used in this chapter have the meanings given them in this part or, if not defined in this part, in Minnesota Statutes, sections 115B.02 and 115B.48.
Subp. 3.
Applicant.
"Applicant" means an owner or operator as defined under Minnesota Statutes, section 115B.48, subdivision 10.
Subp. 5.
Consultant services.
"Consultant services" means professional opinion, advice, or analysis regarding a release.
Subp. 6.
Contractor services.
"Contractor services" means products and services that are related to response actions and that are defined by written agreements and plans and specifications, such as excavation, treatment of contaminated soil and groundwater, abatement of vapors, soil borings and well installations, laboratory analysis, surveying, electrical work, plumbing, carpentry, and equipment.
Subp. 7.
Draftsperson.
"Draftsperson" means a person with a trade school diploma or the equivalent in computer-assisted design.
Subp. 8.
Entry-level professional.
"Entry-level professional" means a person with:
A.
a college degree in agricultural engineering, chemical engineering, civil engineering, environmental engineering, geological engineering, geotechnical engineering, soil science, geology, hydrogeology, or a related science; or
Subp. 9.
Equipment and field supplies.
"Equipment and field supplies" means purchased or rented equipment and supplies necessary to perform consultant services.
Subp. 11.
Field work.
"Field work" means activities that are related to response actions and that take place at a response-action site, such as sampling, installation of wells or borings, and implementation of response actions.
Subp. 12.
Midlevel professional.
"Midlevel professional" means a person with:
A.
a college degree in agricultural engineering, chemical engineering, civil engineering, environmental engineering, geological engineering, geotechnical engineering, soil science, geology, hydrogeology, or a related science and at least four years' experience in performing one or more of the activities listed in item B; or
B.
a graduate degree in environmental sciences and at least three years' experience in performing one or more of the following activities:
Subp. 13.
Per diem.
"Per diem" means daily charges for costs of meals and lodging when the distance to the response-action site makes it more cost-effective to lodge overnight near the response-action site.
Subp. 14.
Person.
"Person" means an individual, partnership, association, public or private corporation, or other legal entity, including the United States government, an interstate commission or other body, the state, or any agency, board, bureau, office, department, or political subdivision of the state.
Subp. 15.
Prima facie unreasonable.
"Prima facie unreasonable" means unreasonable absent proof by a preponderance of the evidence.
Subp. 16.
Remediation system.
"Remediation system" means a system that removes, contains, or mitigates releases at a response-action site.
Subp. 17.
Response action.
"Response action" means an action to respond, as defined in Minnesota Statutes, section 115B.02, subdivision 18.
Subp. 18.
Response action plan.
"Response action plan" means activities approved by the commissioner to remove, contain, or mitigate releases at a response-action site.
Subp. 19.
Senior-level professional.
"Senior-level professional" means a person with:
A.
a college degree in agricultural engineering, chemical engineering, civil engineering, environmental engineering, geological engineering, geotechnical engineering, soil science, geology, hydrogeology, or a related science and at least eight years' experience in performing one or more of the activities listed in item B; or
B.
a graduate degree in the environmental sciences and at least seven years' experience in performing one or more of the following activities:
Subp. 20.
Site inspection.
"Site inspection" means activities that are related to examination or assessment of a response-action site, such as determining potential sources of contamination, determining sampling locations, and overseeing implementation of response actions.
Subp. 21.
Travel time.
"Travel time" means the time required to mobilize equipment and to travel to and from the response-action site or other location necessary to provide consultant services.
Subp. 22.
Vehicle mileage.
"Vehicle mileage" means the per-mile costs associated with providing and using a vehicle to travel to and from the response-action site or other location necessary to provide consultant services.
Subp. 23.
Word processing.
"Word processing" means using a computer or a typewriter to prepare correspondence or prepare a form, report, or worksheet submitted to the agency.
History:
42 SR 1444
Published Electronically:
May 15, 2018
7152.0200 REIMBURSEMENT OF COSTS.
Subpart 1.
Applicability.
This chapter applies when an applicant submits an application to the commissioner for reimbursement of the applicant's eligible costs as provided under part 7152.0300 and Minnesota Statutes, section 115B.50, subdivision 2.
Subp. 2.
Conditions for reimbursement.
Under Minnesota Statutes, section 115B.50, the commissioner must reimburse an applicant's eligible costs that are reasonable and necessary to protect the public health or welfare or the environment under the standards required in Minnesota Statutes, sections 115B.01 to 115B.20.
History:
42 SR 1444
Published Electronically:
May 15, 2018
7152.0300 ELIGIBLE COSTS.
Subpart 1.
Costs eligible for reimbursement.
Costs associated with the following response actions conducted under Minnesota Statutes, section 115B.50, subdivision 2, are eligible for reimbursement from the account if the costs meet the conditions under part 7152.0200, subpart 2:
A.
emergency response and initial site hazard mitigation measures necessary to abate acute risks to human health, safety, and the environment;
B.
temporary site hazard control measures such as security fencing or other measures to limit access, temporary provision of drinking water and housing, initial abatement of vapors, removal of free product, and other temporary measures to limit the public's exposure;
C.
investigation and source identification such as collecting and analyzing soil samples, soil vapor, groundwater, and drinking water; providing engineering and environmental services; and taking other actions necessary to determine the source, scope, and extent of a release;
E.
response actions such as removal, treatment, or disposal of surface and subsurface soil, soil vapor, or groundwater contamination, installation of a vapor mitigation system including venting systems and vapor barriers, provision of a permanent alternative water supply, and other actions that remove or remedy a release. Response actions must be performed according to a response action plan approved by the commissioner.
Subp. 2.
Documentation of eligible costs.
The applicant must retain all records necessary to document incurred costs submitted in an application for reimbursement for seven years from the date the application is submitted to the commissioner. Among the records required are all invoices, time records, equipment records, and receipts.
History:
42 SR 1444
Published Electronically:
May 15, 2018
7152.0400 INELIGIBLE COSTS.
Subpart 1.
Generally.
Costs associated with actions conducted under Minnesota Statutes, section 115B.50, subdivision 2, are not eligible for reimbursement from the account when the costs are:
Subp. 2.
Specific items.
The following specific items are not eligible for reimbursement:
B.
the applicant's attorney fees or other fees charged by an attorney or by another person for providing legal or quasi-legal advice, filing appeals, or providing legal testimony;
E.
costs for the applicant's own time spent in planning, performing, or administering a response action;
F.
costs for aesthetic or site improvements not deemed reasonable and necessary by the commissioner to protect the public health or welfare or the environment under the standards required in Minnesota Statutes, sections 115B.01 to 115B.20;
H.
per diem charges for sites less than 60 miles from an office of the person providing consultant services or contractor services;
I.
costs for repair or restoration of structures, surfaces, or land damaged by equipment used in the response action, unless the damage was unavoidable to implement the response action;
K.
costs for priority turnaround of laboratory analysis, unless requested by the commissioner in writing;
Q.
administrative costs associated with acquiring business, preparing or responding to a request for proposal, or preparing invoices for services provided or performed;
W.
investigation or response actions related to contamination not associated with a dry cleaning operation;
Z.
the first $10,000 of aggregate response-action costs, according to Minnesota Statutes, section 115B.50, subdivision 2, paragraph (a).
History:
42 SR 1444
Published Electronically:
May 15, 2018
7152.0500 MAXIMUM HOURLY RATES.
A.
After the applicant accepts a consultant's or contractor's written proposal for services at the response-action site, hourly rate charges for subsequent services performed at the site by that consultant or contractor that exceed the hourly rates listed in the written proposal for services at the response-action site are prima facie unreasonable.
B.
Notwithstanding item A, hourly rate charges that exceed by a maximum of five percent per year the hourly rates listed in the written proposal for services at the response-action site are not prima facie unreasonable when at least one year has passed since the applicant approved the proposal in writing.
C.
Notwithstanding items A and B, hourly rate charges for consultant services in excess of the following are prima facie unreasonable:
D.
An hourly rate for consultant services is prima facie unreasonable when the rate for the consultant services is higher than the level of consultant services required to perform the task.
History:
42 SR 1444; 47 SR 1088
Published Electronically:
May 30, 2023
7152.0600 MAXIMUM TRAVEL AND PER DIEM CHARGES.
The cost for travel time, vehicle mileage for consultant services, or per diem is prima facie unreasonable when the cost exceeds the amount specified in the proposal for consultant services or contractor services or the maximum cost specified in items A to C, whichever is less:
A.
travel time has a maximum cost of the maximum hourly rate charge specified for the traveler's level of professional expertise required for the required task to be performed;
B.
for consultant services, vehicle mileage has a maximum cost of the standard mileage rate for business established by the Internal Revenue Service; and
History:
42 SR 1444; 47 SR 1088
Published Electronically:
May 30, 2023
7152.0700 MAXIMUM EQUIPMENT AND FIELD SUPPLIES CHARGES.
The costs for equipment and field supplies are prima facie unreasonable when the cost exceeds:
B.
for a reusable item, the cost to buy the item or to rent it for the amount of time necessary to transport and use it, whichever is less.
History:
42 SR 1444
Published Electronically:
May 15, 2018
7152.0800 REIMBURSEMENT; ACTUAL COSTS.
Notwithstanding parts 7152.0100 to 7152.0700, the commissioner must not reimburse applicants for a cost that exceeds the cost for the actual hours spent by a consultant or contractor performing the service when services are charged based on the consultant's or contractor's time.
History:
42 SR 1444
Published Electronically:
May 15, 2018
7152.0900 ADJUSTMENT OF DOLLAR AMOUNTS.
A.
When the Petroleum Tank Release Compensation Board makes adjustments to maximum charge dollar amounts according to chapter 2890 to reflect changes in the implicit price deflator for the gross domestic product, the commissioner must use the expedited rulemaking process in Minnesota Statutes, section 14.389, as authorized under Minnesota Statutes, section 115B.50, subdivision 4, to reflect the same adjustments in dollar amounts in parts 7152.0500 and 7152.0600.
B.
If the Petroleum Tank Release Compensation Board does not make adjustments as required under chapter 2890, the commissioner must determine the adjustment rate using the process established in chapter 2890 and adjust the rates as required under item A.
History:
42 SR 1444
Published Electronically:
May 15, 2018
7152.1000 APPLICATION PROCESS.
Subpart 1.
Applications.
An applicant must complete, sign, and submit a written application to the commissioner. The application must be made on a form prescribed by the commissioner.
Subp. 2.
Time of application; costs payable under insurance policy.
The applicant must make reasonable efforts to collect payment from an insurer for any costs that are payable under an applicable insurance policy before applying for reimbursement for those costs.
Subp. 3.
Supplemental applications.
An applicant who has already submitted an application to the commissioner for reimbursement and who has incurred additional or continuing eligible costs may apply for reimbursement of those costs by filing a supplemental application. An applicant may file a supplemental application only if the applicant has not submitted the costs on a previous application.
Subp. 4.
Certification.
A person who signs an application for reimbursement must make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete."
Subp. 5.
Resolution of denied reimbursement request.
If a request for reimbursement is denied by the commissioner, the applicant may appeal the decision as a contested case under Minnesota Statutes, chapter 14.
History:
42 SR 1444
Published Electronically:
May 15, 2018
Official Publication of the State of Minnesota
Revisor of Statutes