TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL AND UNDERGROUND STORAGE TANK PROGRAMS
PART 734 PETROLEUM UNDERGROUND STORAGE TANKS
SECTION 734.800 APPLICABILITY


 

Section 734.800  Applicability

 

a)         Methods for Determining Maximum Amounts.  This Subpart H provides three methods for determining the maximum amounts that can be paid from the Fund for eligible corrective action costs.  All costs associated with conducting corrective action are grouped into the tasks set forth in Sections 734.810 through 734.850 of this Part. 

 

1)         The first method for determining the maximum amount that can be paid for each task is to use the maximum amounts for each task set forth in those Sections, and Section 734.870.  In some cases the maximum amounts are specific dollar amounts, and in other cases the maximum amounts are determined on a site-specific basis.

 

2)         As an alternative to using the amounts set forth in Sections 734.810 through 734.850 of this Part, the second method for determining the maximum amounts that can be paid for one or more tasks is bidding in accordance with Section 734.855 of this Part.  As stated in that Section, when bidding is used, if the lowest bid for a particular task is less than the amount set forth in Sections 734.810 through 734.850, the amount in Sections 734.810 through 734.850 of this Part may be used instead of the lowest bid. 

 

3)         The third method for determining maximum amounts that can be paid from the Fund applies to unusual or extraordinary circumstances.  The maximum amounts for such circumstances can be determined in accordance with Section 734.860 of this Part.

 

b)         The costs listed under each task set forth in Sections 734.810 through 734.850 of this Part identify only some of the costs associated with each task.  They are not intended as an exclusive list of all costs associated with each task for the purposes of payment from the Fund.

 

c)         This Subpart H sets forth only the methods that can be used to determine the maximum amounts that can be paid from the Fund for eligible corrective action costs.  Whether a particular cost is eligible for payment must be determined in accordance with Subpart F of this Part.