Ala. Admin. Code r. 335-15-7-.26

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-15-7-.26 - Allowable Project Costs

(1) The Department shall not provide Fund loan monies for costs of work that it determines do not comply with the Act or CERCLA. In general, allowable costs may include, but may not be limited to, the following:

(a) Costs for construction or remediation contracts;

(b) Professional and consultant services;

(c) Project feasibility and engineering reports;

(d) Costs of complying with the National Environmental Policy Act, including costs of public notices and hearings;

(e) Fences, warning signs, or other security or site control precautions;

(f) Drainage controls necessary to reduce migration of hazardous substances or pollutants or contaminants off-site or to prevent entry of precipitation or runoff from other sources into the release area(s);

(g) Stabilization of berms, dikes, or impoundments for drainage, or draining or closing of lagoons where needed to maintain the integrity of the structures;

(h) Capping of contaminated soils or sludges where needed to reduce migration of hazardous substances, pollutants, or contaminants into soil, ground or surface water, or air;

(i) Using chemicals and other materials to retard the spread of the release or to mitigate its effects;

(j) Excavation, consolidation, or removal of highly contaminated soils from drainage or other areas, where such actions will reduce the spread of, or direct contact with, the contamination;

(k) Removal of drums, barrels, tanks, or other bulk containers that contain or may contain hazardous substances, pollutants, or contaminants, where removal will reduce the likelihood of spillage, leakage, exposure to humans, animals or food chain exposure;

(l) Project identification signs;

(m) Costs of complying with procurement requirements; and,

(n) Reasonable costs of public participation incurred by the loan applicant which are identified in a public participation work plan, or which are otherwise approved by the Department, shall be allowable.

(2) Reimbursement for administrative costs shall not exceed 10 percent of the loan amount, unless specifically approved by the Department.

Authors: Aubrey H. White, Lawrence A. Norris

Ala. Admin. Code r. 335-15-7-.26

New Rule: Filed October 21, 2004; effective November 25, 2004.

Statutory Authority:Code of Ala. 1975, §§ 22-30F-2, 22-30F-4.