NAC459.9742. Recovery of costs.

     1. The provisions of the remedial agreement that provide for the recovery of costs by the Division must include, without limitation, the costs the Division incurred for:

     (a) Reviewing the remedial agreement;

     (b) Overseeing and supervising the actions specified in the remedial agreement; and

     (c) Issuing a certificate of completion.

     2. After the participant submits a remedial agreement to the Division, the Division shall begin billing the participant on a quarterly basis or on such other schedule as agreed upon by the Division and the participant.

     3. The participant and the Administrator may negotiate a prepayment schedule for the estimated costs for the activities specified in subsection 1. Actual costs must be deducted from the prepaid amount according to the billing schedule established pursuant to subsection 2. If the estimated amount of the prepayment is insufficient to cover all the costs of the Division described in subsection 1, the participant and the Administrator shall negotiate additional prepayments sufficient to cover the costs of the Division. After the Division issues a certificate of completion, the Division shall return all excess money prepaid by the participant.

     (Added to NAC by Environmental Comm’n by R054-00, eff. 5-26-2000)