Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.58 - MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD › Subchapter 17.58.3 - Substantive Rules › Rule 17.58.341 - REIMBURSABLE COSTS

Current through Register Vol. 13, July 5, 2024
(1) Claims by an
				owner or operator for services provided by a consultant/contractor, or
				subcontractor, including services of its employees, must be categorized into
				standard codes according to the list of codes maintained by the board. This
				requirement does not apply to any service provided by an individual or
				remediation activity that does not closely approximate one of the standard
				categories in the board's list of codes.
(2) A consultant/contractor/subcontractor may
				file with the board, and amend, not more than once a year (unless further
				amendment is approved by the board staff), the labor and equipment hourly rates
				and remediation supply costs it bills clients in Montana for the remediation
				services reimbursed from the fund. The rate schedules and amendments must be
				maintained in confidence by and accessible only to the board staff, as the
				consultant's expectation of privacy is reasonable and outweighs the merits of
				public disclosure.
(3) The board
				staff shall calculate the industry standard once a year after receipt of labor,
				equipment, and material schedules from companies whose invoices the board
				frequently reviews and that have been filed in a number sufficient for a
				meaningful statistical analysis. In calculating the industry standard, the
				board staff shall compute a range of allowable rates for each code listed in
				the board's consultant/contractor code list, which will be the mean rate for
				each code plus the standard deviation, not to exceed 10% of that mean. The
				board staff shall then notify each filing firm whether its rates exceed the
				range of allowable rates, and if so, by how much. The amount by which a
				consultant's rate for a particular code exceeds the range of allowable rates
				will be presumed unreasonable.
(4)
				Board staff may request a detailed explanation of rate structures when a
				submitted rate appears to vary significantly from those submitted by other
				consultants/contractors/subcontractors for the same code. Board staff may
				refuse to use rates that significantly vary from similar rates submitted by
				others, rates from persons who have not submitted claims for reimbursement,
				rates from persons who have not submitted proper documentation for claim
				reimbursement, and other rates not deemed acceptable by the board.
(5) A consultant/contractor/subcontractor who
				has not filed its schedule of rates must submit its invoices for services
				formatted in accordance with (1). Any rates which exceed the range of allowable
				rates will be presumed unreasonable.
(6) Any presumption in this rule may be
				overcome by presenting clear and convincing evidence to the board that the
				presumption should not apply, in accordance with the procedure set forth in ARM
				17.58.336(6).
(7) Copies of the list, which establishes
				categories and codes of consultant/contractor/subcontractor services, may be
				obtained from the board. The list must explain the typical duties to be
				performed. The consultant/contractor/ subcontractor must be reimbursed labor
				costs billed on a time basis, and hourly labor costs for personnel time may not
				be for more than the minimum appropriate level of skill needed to perform a
				particular task.
(8) The board
				staff shall calculate the reasonable cost for department standard plans and
				standard reports and board standard remediation tasks once a year from
				requested costs received from companies in a quantity sufficient for a
				meaningful statistical analysis. The calculation must use the requested costs
				from the prior five years. In calculating the reasonable costs, the board staff
				shall compute a range of allowable costs for each standard document in the
				department's standard corrective action plans and reports lists and board
				tasks, which will be the mean rate for each standard plus the standard
				deviation, not to exceed 10% of that mean. The board staff shall then publish
				the reasonable cost reimbursement for the standard plans and reports on the
				board web site. The amount by which a consultant claim for a particular
				standard document exceeds the range of allowable rates will be presumed
				unreasonable.
75-11-318, MCA; IMP,
					 75-11-318,
					 MCA;