NAC445A.2739. Reimbursement of costs and assessment of fees: Major sites.

The Division may seek reimbursement for costs or assess fees on a cooperative basis with the owner or operator for major sites as follows:

     1. If the Division estimates that the total time for oversight by the Division will be less than 240 hours and that the time to achieve site closure will be less than one year, the Division shall determine the costs or fees using the average salary of the oversight personnel including fringe benefits, indirect costs, travel costs and operating expenses.

     2. If the Division estimates that the total time for oversight by the Division will be 240 hours or more or that the time to achieve site closure will be one year or more, the Division and the owner or operator of the site may enter into a contract with a third person to provide the oversight required by the Division. Before such a contract is executed, the Division shall enter into a consent agreement with the owner or operator of the site. The agreement must:

     (a) State the estimated reimbursable costs to be incurred by the Division for the oversight;

     (b) Identify the tasks to be performed by the contractor for the oversight and state the associated costs; and

     (c) Include a provision requiring that the costs and fees included in the contract be reevaluated annually on the basis of the projected tasks for each subsequent year.

     3. If the Division determines that it is necessary to dedicate existing or new resources to the oversight of a site, the costs and fees for the project must be stated in a consent agreement between the Division and the owner or operator. Such an agreement must include:

     (a) A provision which identifies the number of employees of the Division and the type of skills that they must possess;

     (b) The salary, fringe benefits, indirect costs and all related costs of operating, travel, training and equipment for those employees, based upon the state classification system for the type of skills necessary to perform the task; and

     (c) A provision requiring that the costs and fees be reevaluated annually on the basis of the projected tasks for each subsequent year.

     4. If the Division collects fees in excess of the expenditures actually made, the Division shall apply the excess fees to reduce the amount of fees assessed in a subsequent year.

     (Added to NAC by Environmental Comm’n, eff. 10-3-96)