Section 328IAC1-3-5. Costs

   (a) Reimbursable costs, excluding third party liability claims, are actual monetary amounts paid or incurred for work performed as follows:

(1) Consistent with an approved or deemed approved CAP, an approved site characterization (SC), a no further action letter (NFA) from the commissioner, or under one (1) or more of the provisions of IC 13-23-8-4(b).

(2) Subject to each of the following conditions:

(A) Credits, rebates, refunds, or other similar payments made to the owner or operator or received by the owner, operator, or applicant must be subtracted from the costs submitted for reimbursement.

(B) The work performed was consistent with:

(i) site characterization;

(ii) an approved CAP; or

(iii) emergency measures, as defined in 328 IAC 1-1-5.1.

(C) The work performed under the CAP has been determined to be cost effective under section 1.3 of this rule.

(D) The work performed has been determined to be reasonable under 328 IAC 1-1-8.3.

(E) The work:

(i) was performed as described in subsection (b) or (e), or both; and

(ii) is not described in subsection (d).

  (b) Persons listed in section 1 of this rule may employ a certified contractor under IC 13-23-3-2 or may use the owner's or operator's personnel to perform all or part of a corrective action and may seek payment from the fund for the following reimbursable costs of the type described as follows:

(1) Site characterization costs, which include:

(A) research;

(B) field time;

(C) report writing; and

(D) clerical support;

but only after the site characterization has been approved by the administrator.

(2) Lodging and per diem costs in accordance with the most current Indiana department of administration financial management circular covering state travel policies and procedures. Mileage shall be calculated at the federal rate for a privately owned automobile under 41 CFR 301-10.303, in effect on January 1 of each year. Sales of the Code of Federal Regulations are handled by the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954.

(3) Soil and water sampling for petroleum and petroleum constituents only as necessary to achieve closure under rules of the solid waste management board at 329 IAC 9.

(4) Costs for machinery and equipment if prorated based on the:

(A) normal expected life of the item; and

(B) length of time the item was used for a single corrective action.

In no event will the fund pay for purchases of machinery and equipment in excess of the market cost of leasing the item for a corrective action. Examples of equipment charges that can be made to the fund are disposable bailers and sample bottles.

(5) Costs for materials and supplies, such as the following:

(A) Disposable protective equipment.

(B) Building materials, such as the following:

(i) Piping.

(ii) Cement.

(C) Preservatives.

(6) Governmental administrative fees for local, state, or federal permits necessary for corrective action.

(7) Provision of alternate water supply. This cost must have been previously approved by the administrator.

(8) Any other reimbursable costs the administrator finds to be necessary.

(9) Costs associated with transitioning a site to RISC if these costs would be less than the costs to complete the remediation under rules of the solid waste management board at 329 IAC 9.

(10) Only one (1) markup may be taken on any item. Markup of not more than ten percent (10%) of the unit rate or the lowest bid will be reimbursed except for the following:

(A) Travel costs, including mileage, per diem, and lodging.

(B) Personnel costs, not including labor rates for subcontractors.

(C) Utilities for temporary facilities.

(D) Governmental administrative fees for local, state, or federal permits.

(E) Equipment and supplies:

(i) not purchased or rented specifically for use at a facility; or

(ii) that are not part of the approved remedial technology.

(11) The fair market value of the cost to obtain access to off-site property if necessary for site characterization or corrective action as reviewed and approved by office of the attorney general.

(12) Costs for emergency measures including the following as determined to be appropriate by the administrator:

(A) Evacuation and relocation of a building resident or residents.

(B) Ventilation of a building or utility conduit.

(C) Installation and maintenance of an alternate water or treatment system for contaminated drinking water.

(D) Recovery of free product as necessary to eliminate a release to a utility conduit.

(E) Installation of a system to mitigate free product migration, actual or potential drinking water impacts, or vapor intrusion into a building or a utility conduit.

(F) Other emergency measures required by the department.

  (c) The approval of the site characterization and the CAP under rules of the solid waste management board at 329 IAC 9 is not a determination that the actual costs incurred under the site characterization or the CAP are reimbursable costs under this rule.

  (d) The following costs are not reimbursable from the fund:

(1) Costs from releases that occurred before April 1, 1988.

(2) Costs incurred more than twenty-four (24) hours prior to the date and time the release had been reported under the spill reporting rule in effect at the time of the release.

(3) Costs of:

(A) the maintenance of;

(B) the repair of;

(C) upgrading;

(D) removing, unless tank removal is approved as part of the CAP; or

(E) the replacement of;

an underground petroleum storage tank or its associated equipment.

(4) Costs of environmental investigation and remediation not directly related to a fund qualifying occurrence. Ineligible costs include the cost of testing for nonpetroleum contamination and the cost of vapor or ground water monitoring devices that are not associated with corrective action.

(5) Costs that exceed reimbursable costs even if incurred pursuant to an approved CAP.

(6) The cost of equipment purchases other than those costs routinely required to implement a CAP. Examples of nonreimbursable purchases include the following:

(A) Drilling rigs.

(B) Earth moving equipment.

(C) Photoionization detectors.

(D) Explosimeters.

(E) Hand tools.

(7) The cost of cosmetic improvements, including the repair or replacement of blacktop or concrete, unless directly associated with corrective action.

(8) Lost income or reduced property values unless part of a third party liability claim.

(9) Interest or finance charges.

(10) Contractor costs or subcontractor costs, not directly related to corrective action activities, such as the following:

(A) Preparing cost estimates.

(B) Reviewing environmental work or documents.

(C) Budgeting.

(D) Changing contractors.

(11) Fines or penalties imposed by local, state, or federal government agencies.

(12) Punitive or exemplary damages.

(13) Any costs for remediation of contamination not shown to be at concentrations exceeding the risk integrated system of closure (RISC) as described in IC 13-23-8-4(a)(4)(A)(ii) industrial cleanup standards with the following exceptions:

(A) Ground water contamination affecting a public or private drinking water well on-site or off-site.

(B) Off-site contamination at concentrations exceeding RISC residential cleanup standards, not including:

(i) roadways;

(ii) railroads; or

(iii) other property not currently used as residential property.

(14) Any costs related to the excavation and disposal of more than one thousand five hundred (1,500) tons of soil unless:

(A) alternative remediation techniques have been considered;

(B) excavation and disposal was shown to be the most cost-effective remediation option; and

(C) the soil removal is part of a CAP approved or deemed approved by the administrator.

(15) Any other cost not directly related to site characterization, corrective action, or third party liability or otherwise determined not to be reimbursable under this rule as a result of a financial or technical review.

(16) If:

(A) a release has occurred before the tank or tanks were registered; and

(B) the tank or tanks were not registered within thirty (30) days from the time the tank or tanks were first put into use;

a claim is not reimbursable from the fund by the administrator. Tanks are considered in use when the tank contains or has ever contained a regulated substance and has not been closed under 329 IAC 9-6.

(17) Any costs to purchase equipment, which was previously purchased and the cost was previously reimbursed from the fund.

(18) Any costs incurred after receipt of notice by the administrator under section 1.3(d) of this rule that the approved CAP is not successfully remediating the site, except the following costs necessary, until such time as the modified CAP is approved, to:

(A) Develop the modified CAP, including pilot studies or additional investigation.

(B) Demobilize the corrective action system currently at the site.

(C) Abandon monitoring, extraction, or other wells associated with the CAP.

(D) Maintain compliance with applicable regulations and permits, including quarterly ground water monitoring.

(E) Maintain, but not operate, the corrective action system.

  (e) Costs that may be paid from the fund are set forth in the following:

	Activity		Cost Range or Maximum Amount
SITE CHARACTERIZATION
Direct push technology (other costs pertaining to direct push technology are included in the per foot allowance specified).			$600 per day
In addition to the day rate, costs for boring advancement may be invoiced at the following per foot rates:			$6 per foot
Mobilization and demobilization. This includes the cost of moving general contractor owned equipment, setup, and removing equipment.			$400
Soil borings, for purposes of soil or ground water sampling or monitoring well installation when using a hollow stem auger.
Number of feet in incremental amounts
	4.25 inch inside diameter
	For the first 15 feet		$24 per foot
	16 through 25 feet		$30 per foot
	26 feet or more		$35 per foot
	6.25 inch inside diameter
	For the first 15 feet		$27 per foot
	16 through 25 feet		$33 per foot
	26 feet or more		$38 per foot
	8.25 inch inside diameter
	For the first 15 feet		$30 per foot
	16 through 25 feet		$36 per foot
	26 feet or more		$41 per foot
Rock drilling beyond auger refusal will be reimbursed at the above rates with an additional $15 per foot.
These amounts may only be charged one (1) time per borehole.
Sample collection is part of well installation. Direct push technology must be used when it is most appropriate to the site and cost effective. The diameter of the boring must be appropriate for the size of the well being installed.
Blind drilling using a hollow stem auger when well borings have already been logged within five (5) feet.
	4.25 inch inside diameter
	For the first 50 feet		$10 per foot
	51 feet or more		$12 per foot
	6.25 inch inside diameter
	For the first 50 feet		$13 per foot
	51 feet or more		$15 per foot
	8.25 inch inside diameter
	For the first 50 feet		$15 per foot
	51 feet or more		$18 per foot
Decontamination and equipment cleaning			$12 per each 5 feet of boring
Cutting holes in concrete or asphalt (12 inches in diameter)			$110 per hole
Materials
Well casing and screen (including riser) filter pack, annular, and surface seal:
	< 2 inch well		Applicable boring rate plus materials
	2 inch well		$9 per foot
	4 inch well		$15 per foot
	6 inch well		$27 per foot
	Flush-grade well covers		$125 per cover
Laboratory services, including containers, packaging, and postage.
Soil analysis methods
	TPH–8015 GRO		$50 per sample
	TPH–8015 DRO		$50 per sample
	TPH–8015 ERO		$50 per sample
	TPH–418.1		$95 per sample
	TRPH–HEM–1664/9071B		$60 per sample
	VOC–8260		$130 per sample
	SVOC–8270		$225 per sample
	PAH–8270SIM		$130 per sample
	PAH–8310		$150 per sample
	PCB–8082		$110 per sample
	Metals– 7 barium, cadmium, chromium, lead, mercury, nickel, zinc		$100 per sample
	(Individual metals)		$10 per sample
	BTEX/MTBE–8021		$60 per sample
	BTEX/MTBE–8260		$80 per sample
	Ignitability		$30 per sample
	Fraction of organic carbon		$70 per sample
Water analysis methods
	TPH–8015 GRO		$50 per sample
	TPH–8015 DRO		$50 per sample
	TPH–8015 ERO		$50 per sample
	TPH–8015 Methane		$80 per sample
	TRPH–HEM–1664		$50 per sample
	VOC–8260		$135 per sample
	BTEX/MTBE–8021		$50 per sample
	BTEX/MTBE–8260		$80 per sample
	SVOC–8270		$225 per sample
	PAH–8270 SIM		$135 per sample
	PAH–8310		$150 per sample
	Metals– 7 barium, cadmium, chromium, lead, mercury, nickel, zinc		$100 per sample
	(Individual metals)		$10 per sample
	Metal–soluble iron		$25 per sample
	Nitrates		$25 per sample
	Sulfate		$25 per sample
	Sulfide		$25 per sample
	COD		$20 per sample
	BOD5		$40 per sample
	Total suspended solids		$20 per sample
Air analysis methods
	VOC–TO–15		$400 per sample
Other Methods
TCLP–lead			$100 per sample
If the commissioner requires all quality assurance/quality control (QA/QC), including raw data and internal chain of custody necessary to validate analytical results.			20% markup allowed per sample
PERSONNEL
When submitting a claim for reimbursement, the applicant shall be required to give the personnel classification, task being performed, and the name of the individual performing the task. Rates will be paid based on the task performed by an employee rather than the qualifications of the employee. Refer to subsection (f) for task descriptions for personnel classifications. These labor rates will be adjusted annually on June 1 of each year, in accordance with the product price index (PPI) percentage listed for December of the previous year. The North American Industry Classification System (NAICS) Code for Environmental Consulting Services is 541620 and is described at: http://www.naics.com/censusfiles/ND541620.HTM
The PPI Industry data tables are available through the Bureau of Labor and Statistics (BLS) at: http://www.bls.gov/ppi/home.htm
	Principal		$136 per hour
	Senior project manager		$126 per hour
	Project manager		$103 per hour
	Staff project person		$87 per hour
	Field technician		$59 per hour
	Drafting person		$50 per hour
	Word processor/clerical		$35 per hour
	Toxicologist		$155 per hour
INITIAL ABATEMENT AND FREE PRODUCT REMOVAL
Except where provided in this rule, approval of costs will be on a case-by-case basis.
SITE SET-UP PREPARATION
	Trailer rental		$360 per month ($12 per day)
	Portable toilet		$180 per month ($6 per day)
	Utility check, the date and time of the utility check must be documented.
	Utility check includes air knifing, hand augering, and private utility location service.		$800
	Utilities for temporary facilities
	Temporary power		$600 per month ($20 per day)
	Temporary water		$180 per month ($6 per day)
	Temporary phone		$240 per month ($8 per day)
DEMOLITION
Demolition of structures in accordance with an approved CAP must submit three (3) bids for reimbursement consideration as defined under CORRECTIVE ACTION TECHNOLOGIES.

EXCAVATION
Activities in accordance with an approved CAP will be considered for reimbursement based upon the submittal of three (3) bids as defined under CORRECTIVE ACTION TECHNOLOGIES or the following unit rates:
Equipment costs and labor			$2.70 per ton
Mobilization (includes vehicle mileage)			$400 per trailer
Stockpiling soil on-site			$1.65 per ton
Tank removal, decommissioning, cutting, and disposal are not eligible for reimbursement unless approved as part of corrective action.
	Under 1,000 gallons		$1,200 per tank
	1,000 through 5,999 gallons		$1,800 per tank
	6,000 through 10,000 gallons		$2,400 per tank
	Above 10,000 gallons		$3,000 per tank
Costs for pumping, testing, and disposal of tank contents are not eligible for reimbursement.
Demolition of structures in accordance with an approved CAP must submit three (3) bids for reimbursement consideration as defined under CORRECTIVE ACTION TECHNOLOGIES.
Mobilization (includes vehicle mileage)			$400 per trailer
Concrete and asphalt removal
Saw concrete, prices are per linear foot
			4 inch concrete	6 inch concrete
	Under 200 feet		$1.60 per foot	$2.40 per foot
	200 through 400 feet		$1.70 per foot	$2.20 per foot
	400 through 600 feet		$1.60 per foot	$2.10 per foot
	600 through 1,000 feet		$1.45 per foot	$2 per foot
	Over 1,000 feet		$1.30 per foot	$1.80 per foot
Saw asphalt, prices are per linear foot
			3 inch asphalt	4 inch asphalt	6 inch asphalt
	Under 450 feet		$2.20 per foot	$2.30 per foot	$3.60 per foot
	450 through 600 feet		$1.80 per foot	$2.20 per foot	$2.50 per foot
	600 through 1,000 feet		$1.60 per foot	$1.80 per foot	$2.20 per foot
	Over 1,000 feet		$1.50 per foot	$1.60 per foot	$1.80 per foot
Hauling			$85 per hour per truck
The administrator will also approve hauling costs based on three (3) bids.
TRANSPORTATION
Activities in accordance with an approved CAP will be considered for reimbursement based upon the submittal of three (3) bids as defined under CORRECTIVE ACTION TECHNOLOGIES or the following unit rates:
	Loading		$1.65 per ton
	Mobilization (includes vehicle mileage)		$400 per trailer
	Hauling mileage must be documented		$85 per hour per truck
	For excavation, stockpiling, and loading of less than 300 tons in a single day.		$1,200 per day or the actual cost, whichever is less
DISPOSAL OF SOIL, GROUND WATER, AND TRASH
	Landfill fees
	Sampling required by landfill. Must include receipts and analytical results from local municipality.
	Sanitary sewer, if approved for disposal of treated ground water. Must include receipts.
	Contaminated or disposable equipment and decontamination fluids.
Landfill reimbursement will not exceed the least expensive combination of documented hauling costs and documented disposal costs at a permitted landfill. Applicant must submit a cost justification if the applicant does not use the nearest land disposal facility permitted and willing to accept the applicant's waste.
CORRECTIVE ACTION TECHNOLOGIES
The maximum costs for the work done for corrective action will be allowed on the basis of the lowest of three (3) comparable, competitive bids for the work specified in the approved CAP. Bids for the work specified in the CAP must include bids for installation and labor; however, separate bids may be obtained for cost of installation and labor. Copies of the request for proposal (RFP) for implementation of CAP that was sent to each vendor must be submitted. Each RFP and bid submittal will be required to show a line item breakdown of the tasks to be performed in order to verify that all tasks are eligible for reimbursement. The administrator can approve costs based on less than three (3) bids if a demonstration is provided to the administrator that lower costs for the specified work is not possible or practical.
Lease or rental on equipment will not be reimbursed above the purchase price.
SITE RESTORATION
Activities in accordance with an approved CAP will be considered for reimbursement based upon the submittal of three (3) bids as defined under CORRECTIVE ACTION TECHNOLOGIES or the following unit rates:
	Backfill hauling		$85 per hour per truck
	Backfill material		$18 per ton of stone
			$9 per ton of soil
	Backfill placement, compaction, and density verification		$6 per ton
	Resurfacing
		4 inch concrete	$5 per square foot
		For each additional inch of concrete	Add $0.75 per square foot
		For rebar	Add 15%
		Asphalt pad, 4 inch thickness	$2.75 per square foot
		Asphalt curb and gutter	$6 per linear foot
	Island forms
		4 feet by 10 feet with 2 foot bumpers	$900 each
		4 feet by 16 feet with 2 foot bumpers	$1,400 each
	Equipment rental (based on daily rate; not an inclusive list)
	Decontamination equipment (bucket, brushes, and detergent)		$15
	Power auger		$60
	Hand auger sampling kit (hand auger/brass sleeves)		$42
	Slide hammer core sampler		$42
	Photoionization detector		$90
	Flame ionization detector		$135
	LED/O2 meter		$60
	pH and conductivity meter		$24
	Dissolved oxygen meter		$36
	Oxidation/reduction meter (REDOX)		$50
	Multiparameter water quality meter including pH, dissolved oxygen, temperature, and conductivity		$60
	Ferrous iron field test		$8 per sample
	Hydrogen sulfite field test		$8 per sample
	Geographic positioning system (GPS) unit for site mapping to 1 foot accuracy		$120
	2 inch submersible pump		$140
	4 inch submersible pump		$115
	Steam cleaner/pressure washer		$90
	Water level indicator		$15
	Oil/water interface probe		$70
	Bailer rental		$20
	Anemometer		$42
	Carbon dioxide meter		$30
	Portable generator, generator ≤ 5kW		$60
	Portable generator, generator ≤ 10kW		$120
	Portable generator, generator > 10kW		$150

  (f) The following categories describe the personnel classification activity descriptions:

(1) The principal will do the following:

(A) Serve as technical expert on sites.

(B) Limited site visits on projects.

(C) Coordinate legal matters with attorneys.

(2) The senior project manager (limited to licensed professional geologist or hydrogeologist (LPG), registered professional engineer (PE), certified hazardous materials manager (CHMM), professional soil scientist, or at least five (5) years professional remediation experience) will provide the following:

(A) Project planning/oversight.

(B) Final review of project documents.

(C) Acquisition of and negotiation with subcontractors.

(D) Hydrogeologic and contaminant modeling.

(E) Remediation system design.

(F) RISC evaluation.

(3) The project manager will provide the following:

(A) Remediation work plan and technical document preparation (CAP, ISC, FSI, pilot study).

(B) Site work preparation and planning.

(C) Supervision of investigation and remediation activities.

(D) Oversight of waste characterization, transportation, and disposal.

(E) RISC statistics and equations.

(F) Coordination of subcontractor work (drillers, plumbers, and electricians).

(G) Coordination of heavy equipment mobilization.

(H) Coordination with the department and the client.

(I) Site access/permitting.

(4) The staff project person will do the following:

(A) Implement remediation system installation, operation, and maintenance.

(B) Conduct site mapping.

(C) Oversee installation of soil borings and monitoring wells.

(D) Provide on-site supervision or perform site characterization and remediation activities, or both.

(E) Oversee well water records searches.

(F) Define how site utilities are marked.

(G) Survey wells.

(H) Oversee free product removal.

(I) Oversee quarterly sampling.

(5) The field technician will perform the following:

(A) Well purging and development.

(B) Sample collection, preparation, and delivery.

(C) Decontamination/site cleanup tasks.

(D) Assist with waste characterization, transportation, and disposal, including drum labeling/disposal.

(E) Activities associated with the operation and maintenance of remediation systems.

(6) The drafting person will do the following:

(A) Provide CADD work.

(B) Generate the following:

(i) Drawings.

(ii) Maps and plans.

(iii) Boring logs.

(iv) Monitoring well installation logs.

(C) Revise drawings and maps and plans.

(7) The word processor/clerical will provide the following:

(A) Word processing/data input.

(B) General clerical duties.

(C) Documentation reproduction, report binding, and filing.

(D) Proofreading/editing.

(8) The toxicologist will provide guidance for nondefault risk-based closures utilizing nondefault toxicological parameters.

  (g) Attorney costs will be considered for reimbursement as follows:

(1) Attorney costs will be reimbursed under the following circumstances:

(A) An attorney acting as a principal, senior project manager, or project manager on a site directing field investigations or preparing the technical reports related to investigative or remediation activities. In this instance, the attorney must have the appropriate technical credentials required for an individual performing these tasks, such as PE, LPG, CHMM, or soil scientist.

(B) An attorney communicating to the department regarding remediation actions, preparing restrictive covenants, or access negotiations.

(C) Fees charged that do not exceed one thousand dollars ($1,000) for either environmental restrictive covenant preparation or access negotiation.

(2) An attorney will not be reimbursed for the following:

(A) Reviewing consultant reports.

(B) Charging fees in excess of the principal, senior project manager, or project manager as defined in this rule for the same personnel activities. Fees charged must also appropriately correspond to tasks performed.

(Underground Storage Tank Financial Assurance Board; 328 IAC 1-3-5; filed Dec 4, 1992, 11:00 a.m.: 16 IR 1054; filed Nov 1, 1995, 8:30 a.m.: 19 IR 343; filed Jan 9, 1997, 4:00 p.m.: 20 IR 1105; readopted filed Jan 10, 2001, 3:21 p.m.: 24 IR 1534; filed Oct 17, 2001, 4:30 p.m.: 25 IR 792; errata filed Feb 27, 2002, 9:58 a.m.: 25 IR 2255; filed Aug 30, 2004, 9:40 a.m.: 28 IR 129; readopted filed Nov 19, 2010, 9:08 a.m.: 20101215-IR-328100553BFA; filed Feb 24, 2011, 2:04 p.m.: 20110323-IR-328080684FRA)