Rule 11-4-6.3 - Administrative Procedures For ReimbursementA. If an owner of a nonhazardous solid waste disposal facility has sufficient evidence that a release or substantial threat of a release of contaminants from a facility exists, he shall notify the Department and submit all such evidence to the Department.B. If the Commission determines that a release or substantial threat of a release exists at an eligible facility, either from evidence submitted by an owner or another person, or from evidence compiled by the Department itself the Commission shall determine what actions, if any, are necessary.C. The owner of the facility shall be responsible for obtaining the services of qualified personnel or contractors to conduct remedial investigations, monitoring activities, develop remedial design plans, or to otherwise conduct activities eligible for reimbursement from the Trust Fund.D. Site assessments, installation of monitoring wells and other activities associated with remedial investigations shall be conducted by a person who complies with the following criteria:(1) The person must have a minimum of three years experience as an environmental consultant;(2) the person must have conducted remedial investigations or corrective actions at a minimum of two other sites; and(3) the person must possess a certificate of professional liability insurance in an amount not less than one million dollars ($1,000,000.00). The Department may require that documentation be submitted demonstrating that the person conducting the work described in this paragraph complies with the above criteria.
E. All engineering and remediation plans must be designed and certified by a professional engineer or engineering company that complies with the following criteria: (1) The professional engineer must be licensed to practice in the State of Mississippi, or, in the case of an engineering company, the company must employ in a fulltime capacity (40 hours per week) at least one professional engineer licensed to practice in the State of Mississippi;(2) the professional engineer or engineering company must have previously conducted remedial investigations and/or corrective actions at a minimum of two other sites; and(3) the professional engineer or engineering company must possess a current certificate of professional liability insurance in an amount not less than one million dollars ($1,000,000) The Department may require that documentation be submitted demonstrating that the engineer or engineering company conducting work described in this paragraph complies with the above criteria.
F. All remedial activities conducted by a general contractor must be done by a contractor that complies with the following criteria:(1) The contractor must hold a current certificate of responsibility issued by the State of Mississippi Board of Contractors;(2) the contractor must possess a current certificate of contractors general liability insurance in an amount not less than one million dollars ($1,000,000); and(3) if water wells are to be drilled for monitoring purposes, the contractor must be licensed with the Mississippi Department of Environmental Quality, Office of Land & Water Resources. The Department may require that documentation be submitted demonstrating that the contractor conducting work described in this paragraph complies with the above criteria.
G. The Department may require competitive bidding of general contractors in order to ensure reasonable and fair costs.H. If the owner of the facility cannot be identified or located, or if the owner does not take prompt corrective action as directed by the Commission or Department, the Department may execute a contract with a third party to conduct whatever action is determined necessary by the Commission.I. Unless the Department executes a contract directly with a third party pursuant to Rule 6.3(H) of this regulation, the Department shall make payments from the Trust Fund only to the owner of the facility.J. Payments from the Trust Fund shall be 100% of the reasonable costs, as determined by the Department, and shall be made after submittal of an invoice and any other documents determined necessary by the Department.K. No payments shall be made for any activity unless the activity and its costs have been approved by the Department prior to initiating the activity.L. The Department may deny any reimbursement request incurred if it finds such request to be unreasonable, unnecessary, or that the costs were not incurred in accordance with these regulations or the procedures developed for managing the Trust Fund. Any owner who is denied reimbursement in whole or in part shall have the right to a hearing before the Commission.Miss Code Ann. §§ 17-17-1, et seq., 17-17-63, 17-17-201, et seq., 49-2-9(1)(b), 49-17-17(i), 49-2-1, et seq. and 49-17-1, et seq.