Section 328IAC1-3-1.3. Cost effectiveness of corrective action

  3. (a) After the person described in section 1 of this rule has:

(1) completed the initial site characterization under 329 IAC 9-5-5.1 and the further site investigation under 329 IAC 9-5-6 for the release at the site; and

(2) submitted the information in clauses (A) through (C) to the administrator in a form or format approved by the administrator:

(A) for each of the remediation alternatives as required by 329 IAC 9-5-6(d), details of the work to be performed and the projected costs;

(B) the approved CAP; and

(C) if appropriate, a demonstration that the selected remediation alternative will substantially reduce or eliminate third party liability;

the administrator will determine if the work to be performed or the work already performed, or a portion thereof, under the approved CAP is cost effective. The administrator may review information concerning cost effectiveness while reviewing a CAP submitted for approval; however, the administrator will not make a determination on cost effectiveness before a CAP is approved.

  (b) The administrator's determination for cost effectiveness will be based on the information in subsection (a) and the following criteria:

(1) The projected costs of the selected remediation alternative compared to the other remediation alternatives.

(2) The likelihood that the remediation approach will achieve the cleanup objectives as set forth in the approved CAP.

(3) The appropriateness of the length of time projected to achieve the cleanup objectives, based on the selected remediation alternative considering actual impacts to human health and the environment.

(4) The cost projections under subsection (a)(2)(A) for the remediation alternatives and the work to be performed do not exceed the reimbursable costs allowed under section 5(a), 5(b), and 5(e) of this rule.

(5) The cleanup objectives as set forth in the approved CAP are sufficient, but no more stringent than necessary, for the current land use for the site.

(6) A demonstration that the selected remediation alternative will substantially reduce or eliminate third party liability.

  (c) Upon the administrator's request, the applicant shall provide additional information to substantiate the projected work and projected costs.

  (d) At any time, if the administrator finds that the approved CAP will not achieve or is not achieving the cleanup objectives under 329 IAC 9, then the administrator may determine that the work to be performed under the approved CAP is no longer cost effective. The administrator will give notice to the applicant of this determination. (Underground Storage Tank Financial Assurance Board; 328 IAC 1-3-1.3; filed Aug 30, 2004, 9:40 a.m.: 28 IR 126; readopted filed Nov 19, 2010, 9:08 a.m.: 20101215-IR-328100553BFA)