328 Ind. Admin. Code 1-3-5

Current through October 16, 2024

Section 328 IAC 1-3-5 - Costs

Authority: IC 13-23

Affected: IC 13-12-3-2; IC 13-23-3-2; IC 13-23-8-4; IC 13-23-9-1.5

Sec. 5.

(a) The administrator may pay ELTF claims for costs described under IC 13-23-9-1.5.

(b) Eligible parties may seek payment from the fund for the following:

(1) Site characterization costs, which include:

(A) research;

(B) field time;

(C) report writing; and

(D) clerical support.

(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 must 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.

(3) Soil, water, and vapor sampling for petroleum and petroleum constituents only as necessary to achieve the applicable remediation objectives determined under IC 13-12-3-2.

(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 one (1) or both of the following:

(A) Corrective action.

(B) Site characterization activities.

(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 management of a site from previous remediation standards to current remediation standards as determined by the department, if these costs would be less than the costs to complete the remediation under the previous remediation standards.

(10) Only one (1) markup may be taken on any item. A markup of not more than ten percent (10%) of the unit rate or the lowest bid may 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 the office of the attorney general.

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

(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.

(13) Compensation paid to technicians for services performed in preparation and submittal of the ELTF claim.

(c) The approval of the site characterization and the CAP 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 an eligible release. 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 or emergency response activities.

(8) Lost income or reduced property values unless part of an ELTF indemnity claim.

(9) Interest or finance charges.

(10) Contractor 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.

However, eligible parties may seek reimbursement for these costs if the costs meet the requirements in subsection (b)(13).

(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 accomplish the applicable remediation objectives determined under IC 13-12-3-2, except for ground water contamination affecting a public or private drinking water well.

(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 by the administrator.

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

(16) Remediation costs arising from the acts or omissions on the part of a contractor, owner, or operator that result in:

(A) damage to:

(i) a UST system; or

(ii) dispensing components; or

(B) exacerbation of an existing release.

(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 necessary costs, until the modified CAP is approved:

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

(B) Demobilization of the corrective action system currently at the site.

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

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

(E) Maintenance, but not operation, of the corrective action system.

(19) Credits, rebates, refunds, or other similar payments made to the owner or operator or received by the owner, operator, or applicant.

(e) Costs that may be paid from the fund are as follows:

Activity	Cost Range or Maximum Amount
SITE CHARACTERIZATION
Direct push technology (other costs pertaining to direct push technology are included	$600 per day
in the per foot allowance specified).
In addition to the day rate, costs for boring advancement may be invoiced at the	$6 per foot
following per foot rates:
Mobilization and demobilization. This includes the cost of moving general	$400
contractor owned equipment, setup, and removing equipment.
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 is 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) Metal-soluble iron	$10 per sample $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 is required to give the personnel classification, task being performed, and the name of the individual performing the task. Rates are 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 are 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: https://www.naics.com/naics-code-description/?code=541620

The PPI Industry data tables are available through the Bureau of Labor and Statistics (BLS) at: https://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/ELTF claims 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 is 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	$800
service.
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
Three (3) bids must be submitted for demolition of structures in accordance with an
approved CAP for reimbursement consideration as defined under CORRECTIVE
ACTION TECHNOLOGIES.
EXCAVATION
Activities in accordance with an approved CAP are 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.
Three (3) bids must be submitted for demolition of structures in accordance with an approved CAP 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 t	ruck

The administrator shall approve hauling costs based on three (3) bids.

TRANSPORTATION

Activities in accordance with an approved CAP are 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 $1,200 per day or the actual cost, whichever is less a single day. DISPOSAL OF SOIL, GROUND WATER, AND TRASH Landfill fees

Sampling required by landfill. Receipts and analytical results from local municipality must be included. Sanitary sewer, if approved for disposal of treated ground water. Receipts must be included.

Contaminated or disposable equipment and decontamination fluids.

Landfill reimbursement must 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 are 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 is 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 may 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 must not be reimbursed above the purchase price.

SITE RESTORATION

Activities in accordance with an approved CAP are 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	$60
oxygen, temperature, and conductivity
Ferrous iron field test	$8 per sample
Hydrogen sulfite field test	$8 per sample
Geographic positioning system (GPS) unit for site mapping to 1	$120
foot accuracy
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 shall 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) shall 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) Risk integrated system of closure (RISC) evaluation.

(3) The project manager shall provide the following:

(A) Technical document preparation required by 329 IAC 9 (CAP, ISC, FSI, pilot study, etc.).

(B) Site work preparation and planning.

(C) Supervision of investigation and remediation activities.

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

(E) Statistics and equations required by the department for corrective action in accordance with applicable guidance.

(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 shall 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) Request, oversee, or identify and mark utility location on the site.

(G) Survey wells.

(H) Oversee free product removal.

(I) Oversee quarterly sampling.

(5) The field/ELTF claims technician shall 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.

(F) Activities associated with preparation and submittal of the ELTF claim.

(6) The drafting person shall do the following:

(A) Provide computer-aided design drafting 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 person shall 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 shall provide guidance for risk-based closures utilizing toxicological parameters.

(g) Attorneycosts are considered for reimbursement as follows:

(1) Attorney costs are 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 may 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.

328 IAC 1-3-5

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; readopted filed Jun 29, 2017, 9:30 a.m.: 20170726-IR-328170227BFA; filed Jul 27, 2018, 2:31 p.m.: 20180822-IR-328150231FRA

Errata filed Jul 31, 2018, 9:26 a.m.: 20180822-IR-328150231ACA