NAC590.780. Form of claim for reimbursement; time limitations for filing claims for reimbursement; payment to operator, vendor or contractor; payment required of operator; payment of per diem allowance and travel expenses.

     1. An operator, vendor or contractor who seeks to be reimbursed by the Fund for costs or liability for damages resulting from a discharge must submit to the Division a verified claim for reimbursement in the form prescribed by the Board along with any supporting documents required to substantiate his or her eligibility for reimbursement. An initial claim must be submitted within 12 months after the date on which the operator, vendor or contractor knew or should have known of the discharge and the final claim must be submitted within 12 months after the completion of the corrective action necessitated by the discharge. The Board will not accept a claim after either deadline unless the operator, vendor or contractor demonstrates good cause for the failure to comply with the deadline.

     2. The operator shall provide any additional information required by the Board in order to determine his or her eligibility for payment from the Fund.

     3. The Board may authorize payment from the Fund to:

     (a) An operator;

     (b) A vendor;

     (c) A contractor; or

     (d) Any combination of persons listed in paragraph (a), (b) or (c), jointly.

     4. If money from the Fund is paid to an operator before the operator pays a vendor or contractor, or both, the operator shall:

     (a) Pay the vendor or contractor, or both; and

     (b) Not more than 30 days after receiving the money from the Fund, provide the Division with confirmation of payment to the vendor or contractor, or both, of the money paid by the Board.

     5. If an operator fails to pay a vendor or contractor for costs approved and paid by the Board within 30 days, the operator shall reimburse the Board for the money paid by the Board.

     6. If an operator is entitled to receive payment for his or her necessary expenses for the costs of cleaning up, the Board will authorize payment of the per diem allowance and travel expenses at the same rate provided for state officers and employees generally.

     7. As used in this section, “claim” or “claim for reimbursement” means a request for reimbursement by the Fund of a sum of money, accompanied by the required supporting documents. The term does not include an application for coverage under the Fund.

     (Added to NAC by Bd. to Review Claims, eff. 6-15-90; A 12-23-91; 11-3-92; A by Div. of Environmental Protec., 1-10-94; A by Bd. to Review Claims, 1-22-96)