New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2316 - CONTENTS OF APPLICATION FOR PAYMENT AT RESPONSIBLE PARTY-LEAD SITES

Current through Register Vol. 35, No. 13, July 16, 2024
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.