Sec. 21515.
(1) To receive money from the authority for corrective action, the owner or operator shall follow the procedures outlined in this section and shall submit a claim to the administrator containing information required by the administrator relevant to determining compliance with this part.
(2) An owner or operator shall not submit a claim under subsection (1) until work invoices in excess of the deductible amount have been incurred.
(3) Upon receipt of a completed claim pursuant to subsection (1), the administrator shall make all of the following determinations:
(a) Whether the owner or operator is eligible to receive funding under this part.
(b) Whether the work performed or proposed to be performed is consistent with the requirements of part 213, and whether those activities are consistent with achieving site closure.
(c) Whether the owner or operator has paid the deductible amount.
(d) Whether the corrective action performed is reasonable and necessary considering conditions at the site of the release.
(e) Whether the cost of performing the corrective action work is at or below the allowable reimbursement amount in the schedule of costs or, if the corrective action work is not a listed item, whether the cost is reasonable and necessary.
(4) The administrator may consult with the department and the department of licensing and regulatory affairs to make the determination required in subsection (3).
(5) If the administrator determines under subsection (3) that the work invoices included with the claim are reasonable and necessary considering conditions at the site of the release and reasonable in terms of cost and the owner or operator is eligible for funding under this part, the administrator shall approve the claim and notify the owner or operator who submitted the claim of the approval. If the administrator determines that the work described on the work invoices submitted was not reasonable and necessary or the cost of the work is not reasonable, or that the owner or operator is not eligible for funding under this part, the administrator shall deny the claim or any portion of the work invoices submitted and give notice of the denial to the owner or operator who submitted the claim.
(6) The owner or operator may submit additional work invoices to the administrator after approval of a claim under subsection (5). Within 45 days after receipt of a work invoice, the administrator shall make the following determinations:
(a) Whether the work invoice complies with subsection (3).
(b) Whether the owner or operator is currently in compliance with the registration and fee requirements of part 211 and the rules promulgated under that part for the refined petroleum underground storage tank system from which the release occurred.
(7) If the administrator determines that the work invoice does not meet the requirements of subsection (6), the administrator shall deny the work invoice and give written notice of the denial to the owner or operator who submitted the work invoice.
(8) The administrator shall keep records of approved work invoices. If the owner or operator has not exceeded the allowable amount of expenditure provided in section 21510(1)(i), the administrator shall pay the claim within 45 days of making the determinations under subsection (6).
(9) The administrator may approve a reimbursement for a work invoice that was submitted by an owner or operator for corrective action taken if the work invoice meets the requirements of this part for an approved claim and an approved work invoice.
(10) Except as provided in subsection (11) and section 21519, the authority shall make a payment to the owner or operator within 30 days if sufficient money exists in the fund. Once payment has been made under this section, the authority is not liable for any claim on the basis of that payment.
(11) The authority may withhold partial payment of money on payment vouchers if there is reasonable cause to suspect that there are violations of section 21548 or if necessary to assure acceptable completion of the proposed work.
(12) The authority shall prepare and make available to owners and operators standardized claim and work invoice forms.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 269, Imd. Eff. Jan. 8, 1996 ;-- Am. 1996, Act 181, Imd. Eff. May 3, 1996 ;-- Am. 2012, Act 113, Imd. Eff. May 1, 2012 ;-- Am. 2014, Act 416, Imd. Eff. Dec. 30, 2014
Popular Name: Act 451
Popular Name: NREPA
Last modified: October 10, 2016