New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 5 - PETROLEUM STORAGE TANKS › Part 123 - CORRECTIVE ACTION FUND ADMINISTRATION › Section 20.5.123.2309 - WORKPLAN APPROVAL, CHANGE ORDERS FOR CORRECTIVE ACTION AND APPROVAL OF DELIVERABLES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as provided in Subsection C of 20.5.123.2310 NMAC, a written workplan
				and budget to complete any phase of corrective action shall be approved in
				writing by the department prior to any corrective action work being done in
				order for that work to be eligible for payment under this part.
B. For responsible party-lead sites, the
				owner or operator shall submit the corrective action workplan and cost in a
				fixed-fee format unless the department determines that a time-and-materials
				format is appropriate. Any fixed-fee approvals which require reallocation of
				approved amounts from one deliverable to another deliverable shall be approved
				in advance by the department in writing. If the department approves a
				time-and-materials format, any increase in approved amounts for specific tasks,
				categories or subcategories or any reallocation of an amount from one task to
				another task, one category to another category or within categories shall be
				approved in advance by the department in writing.
C. If required by Paragraph (2) of Subsection
				B of 20.5.123.2307 NMAC, a workplan including the operation and maintenance of
				a remediation system that includes mechanical or electrical installations shall
				list the performance criteria required for payment and amount of
				payment.
D. If a workplan is
				rejected after two attempts to receive approval by the department, the
				department may select the contractor who received the second highest
				evaluation, repeat the contractor selection process in accordance with
				subsection B of 20.5.123.2307 NMAC, or, in the case of activities which do not
				require competitive contractor selection under Subsection D of 20.5.123.2306
				NMAC, require the owner or operator to submit a workplan from a different
				contractor.
E. Changes to the
				technical approach or increases in costs beyond the approved workplan shall not
				be eligible for payment unless approved in writing by the department prior to
				implementation.
F. The department
				may increase or reduce payments for work based on pay-for-performance criteria
				because of
force
majeure
or unforeseen
				changes in site conditions.
G.
				After receiving a deliverable, the department shall assess whether the
				deliverable is satisfactory. If the department finds that the deliverable is
				satisfactory, it shall issue a written notice of approval to the owner,
				operator or contractor. The notice of approval shall explain that any
				application for payment of costs associated with the approved deliverable must
				be received by the department within 90 days of the date the owner, operator or
				contractor received the certification of approval and that no extensions of
				this deadline shall be granted except extensions for good cause pursuant to
				20.5.123.2318 NMAC. If the department finds the deliverable to be
				unsatisfactory, it shall, within 30 days of receiving a deliverable, provide to
				the owner, operator or contractor a written notice of exception explaining the
				defect in the deliverable and any steps the owner, operator or contractor may
				take to remedy the defect.