N.M. Admin. Code § 20.5.123.2316

Current through Register Vol. 35, No. 23, December 10, 2024

Section 20.5.123.2316 - CONTENTS OF APPLICATION FOR PAYMENT AT RESPONSIBLE PARTY-LEAD SITES

A. When a deliverable is completed and the department has determined in writing that the work for which payment is sought is satisfactory, the owner or operator shall submit one original and one copy of the application for payment to the department. The application shall include:

(1) information about the applicant, including: the owner's or operator's name, mailing address, email address, telephone number, owner ID number and the name of an individual to contact regarding the claim;

(2) the name of the owner at the time of the release;

(3) the name of the operator at the time of the release;

(4) the name of the responsible party at the time of the release;

(5) information about the facility, including: the name, address, release ID, and facility ID number for which payment is sought; the phase of corrective action being claimed; the type of tank (UST or AST); the workplan approval date and workplan identification number; the amount approved for the deliverable and the amount of the claim; the invoice number; the deliverable identification; and the exact name and date of the deliverable;

(6) references to all work products or deliverables for which payment is sought;

(7) the date or dates of the department's compliance determination or determinations under 20.5.123.2303 NMAC;

(8) information about the payee if the owner or operator has assigned payment to another person, including: name, mailing address, telephone number, email address, and the nature of the payee's interest in the site;

(9) a copy of any claim or claims the owner or operator has filed against any third party who caused or contributed to the release;

(10) copies of invoices showing the work performed for the minimum site assessment or other required corrective action for which payment is sought;

(11) a copy of the letter from the department determining the owner's or operator's eligibility for a zero or reduced deductible, if applicable, as determined in accordance with 20.5.123.2312 NMAC;

(12) a statement that requirements to use a qualified firm in accordance with 20.5.122 NMAC have been met;

(13) a signed and notarized statement of an officer or agent of the qualified firm performing the corrective action:

(a) consenting to an audit of time sheets, payroll and bank records, tax records, purchase orders, manifests and bills of lading, internal expense records and any other documents required to verify the costs claimed in the application; and

(b) agreeing to return to the department, upon demand, any and all amounts paid from the fund if the department determines that the owner or operator misrepresented or omitted any relevant facts;

(14) copies of the workplan approval letter and any subsequent amendments to the workplan covering work for which payment is requested;

(15) a copy of any and all notices from the department approving as satisfactory the deliverable for which payment is requested;

(16) information about the contractor, including: the contractor's name, address and telephone number; and the name of the contractor's project manager for the site; and

(17) if payment has been assigned by the owner or operator to a contractor, proof that the contractor has paid all subcontractor invoices.

B. When work is performed on a fixed fee basis, the owner or operator shall also submit the following as part of the application:

(1) a description of the deliverable and the date delivered;

(2) verification that any performance criteria required for payment were achieved; and

(3) any other requirements of the workplan approval.

C. When work is performed on a time-and-materials basis, the owner or operator shall also submit the following as part of the application:

(1) detailed billings of labor and equipment for each task performed; contractor staff shall be identified by name and hourly rate; equipment shall be identified as owned or rented, with the hourly or daily rate; laboratory and subcontractor charges shall be clearly explained;

(2) timesheets, invoices, or statements with staff name, labor category, and description and date of work performed;

(3) copies of receipts for all equipment and supplies;

(4) travel and expense logs;

(5) if work is billed on an hourly basis, timesheets, invoices or statements which include the hourly rate and number of hours billed to the nearest one-quarter hour; and

(6) any other requirements of the workplan approval.

D. Upon the department's request, the owner or operator shall submit copies of all subcontractor invoices and an accounting of the amount paid and any remaining balance on each invoice.

E. In the first application for payment of corrective action costs for each workplan, the owner or operator shall submit one original and one copy of:

(1) an original, signed oath or affirmation in accordance with Sections 14-13-1 and 14-13-2 NMSA 1978:

(a) certifying that the owner or operator has read the approved workplan and understands that the corrective action described in the workplan shall be completed at the identified facility;

(b) certifying that all matters and facts contained in that application, and in any subsequent applications for payment for the same workplan, are and will be truthful and that all invoices reflect actual costs paid or otherwise incurred;

(c) consenting to an audit of financial records pertaining to the current and any future claims for the same workplan; and

(d) agreeing to return to the department, upon demand, any and all amounts paid from the fund if the department determines that the owner or operator misrepresented or omitted any relevant facts in this or any future application for payment for the same workplan;

(2) a signed, dated, and notarized disclosure statement indicating the site name and number where the release occurred; the type of tank (UST or AST); the facility ID number; the name, address, and telephone number of the entity that performed the work for which payment is claimed; the full name of all owners and operators of the tank for which payment is claimed; the name of each individual and business entity that owns or controls the entity that performed the work for which payment is claimed; and the name of every business concern that is a partner or subsidiary of the entity that performed the work for which payment is claimed;

(3) a completed internal revenue service W-9 form (request for taxpayer identification number and certification form);

(4) information about insurance coverage, including: whether the owner or operator has insurance for releases of regulated substances at the site of the release for which a claim is being made; the name, address, and telephone number of the insurance company; the name, address, and telephone number of a contact person within the insurance company; the amount of coverage; whether the applicant has filed an insurance claim for this release, and if so, the amount sought; and the amount the insurance company has paid; and

(5) copies of any insurance policies in effect on the date of the report or at the time of the release that may insure the owner or operator against all or part of the costs of corrective action.

F. After the first application for payment of corrective action costs for each workplan, an owner or operator who has properly submitted the documents required by subsection E of this section and received a payment need not submit these documents with future applications for payment unless any information provided in the first application has changed or the department has modified the scope of the work or the budget of the workplan.

G. The owner or operator shall not submit costs of any portion of a minimum site assessment in the same application for payment of costs of other required corrective action.

H. Documents submitted as part of an application for payment of corrective action costs shall not contain alterations, corrections, or erasures.

[The department provides forms that may be used to comply with this section. The forms are available on the petroleum storage tank bureau's pages on the department website or by contacting the petroleum storage tank bureau at 505- 476- 4397 or 2905 Rodeo Park Drive East, Building 1, Santa Fe, New Mexico 87505.]

N.M. Admin. Code § 20.5.123.2316

Adopted by New Mexico Register, Volume XXIX, Issue 16, August 28, 2018, eff. 7/31/2018, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 12/27/2018