Ohio Petroleum Underground Storage Tank Release Compensation Board


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Key Claim Filing Information

 

The following information has been communicated by listserv to contractors and environmental consulting firms that perform corrective action work for accidental releases of petroleum from underground storage tanks. To be added to the email list to receive information concerning claim filing, please email info@petroboard.org or call 800-224-4659.

 

 

Timely Extension Requests

(Issued March 27, 2024)

 

Pursuant to O.A.C. 3737-1-12 (G), a claim submission deadline may be extended if and only if the responsible person has made a timely, written request to the State Fire Marshal (SFM) for an extension of the program task completion due date and the SFM grants that request.  An extension request is timely if it is received by the SFM prior to the original due date for completion.  Pursuant to O.A.C. 1301:7-9-13 (Q), submission of the written extension request is accomplished only upon the actual receipt of the request by the SFM. Therefore, if the submittal deadline falls on a weekend or a holiday, an extension request is timely if and only if it is actually received by the SFM on or before the last business day prior to the deadline. Untimely extensions requests do not operate to extend the claim filing deadline, regardless of whether the SFM grants the request.

 

NEW Fund Facts for Closure Soil Handling

(Issued December 6, 2023)

 

A Fund Facts: Closure Soil Handling document has been prepared to assist stakeholders with determining which costs associated with the handling of soil excavated during tank removal activities are reimbursable. The Fund Fact sheet includes a listing of relevant rules from the Bureau of Underground Storage Tank Regulations (BUSTR) related to UST closure soil handling, a list of common acronyms and a table summarizing whether soil handling costs are reimbursable based on a comparison of the laboratory analytical results from the excavated soil to the relevant BUSTR closure action levels (ALs). Usual, customary, and reasonable costs for loading, transporting/hauling and disposal of soil that is documented to exceed closure ALs, as well as costs for associated backfill material procurement, delivery and placement, are reimbursable. The document also includes the answers to several Frequently Asked Questions (FAQs). The new Fund Facts: Closure Soil handling document is available at:

www.petroboard.org/Pdfs/ClosureSoilHandling.pdf.

 

New Eligibility Application Requires

Disclosure of All Insurance Policies

(Issued November 22, 2023)

In September 2023, the Board revised its Application for Financial Assurance Fund Eligibility. Section VIII of the revised Application requires Applicants to disclose all insurance policies covering the release site at the time of the release incident. This means all insurance policies, including, but not limited to, property, liability and umbrella policies, regardless of whether the policies specifically cover costs for corrective action, cleanup of petroleum contamination, and/or third-party property damages or bodily injury resulting from a petroleum release. Copies of all insurance policies covering the release site at the time of the release incident must be submitted with the Application. Misrepresentations or omissions on the Application may result in the Applicant being required to return any amount reimbursed from the Financial Assurance Fund.

New Application for Financial

Assurance Fund Eligibility

(Issued October 4, 2023)

The Application for Financial Assurance Fund Eligibility has been updated and all future requests for a determination of eligibility to claim reimbursement of corrective action costs from the Financial Assurance Fund should be submitted using this updated Application. Beginning on November 1, 2023, prior versions of the Application will not be accepted.

 

Public Inquiry Web Page

(Issued July 26, 2023)

 

The Public Inquiry search available at www.petroboardinquiry.org allows all members of the public to search information in the Board’s files, including details regarding the receipt date and status of Eligibility and Claim Reimbursement Applications. It is recommended you verify the Board has received all Eligibility and Claim Reimbursement Applications you submitted. Records are typically searchable within one to two business days of receipt. If you have submitted an Application and cannot locate a record for the Application using the Public Inquiry search, please contact the Board’s office.

 

Maximum Reimbursable Hotel Rate

(Issued December 7, 2022)

 

Effective January 1, 2023, when an overnight stay is required for corrective actions, costs for lodging will be reimbursed up to a maximum of 115% of the allowable lodging rate per room per night established by the General Services Administration (GSA) for the time period during which the travel occurred, plus applicable taxes. The per diem lodging rates established by GSA are available at www.gsa.gov/travel/plan-book/per-diem-rates. The Board requires the submission of receipts to document the actual lodging costs

 

Documenting Costs for EPA eDMR Submittals

(Issued February 16, 2022)

 

For documenting costs incurred to complete monthly Ohio Environmental Protection Agency (EPA) Electronic Discharge Monitoring Report (eDMR) requirements, printed copies of the eDMR submittals to the Ohio EPA are not required to be submitted with a claim application. Instead, a screenshot from the Ohio EPA's eBusiness Portal listing the relevant monthly submittals is sufficient to document the costs for completion and submission of the eDMRs. However, this office may request copies of the completed eDMRs on a case by case basis.

 

Claim Submittal When Eligibility is Pending

(Issued September 29, 2021)

 

As a reminder, Claim Reimbursement Applications must be timely filed with the Board’s office regardless of whether a determination of eligibility to claim against the Financial Assurance Fund has been issued. If and when eligibility is granted, any submitted claim applications will be placed into the queue for review. Costs that are not timely filed in accordance with the Board’s rules cannot be considered for reimbursement. In addition, requests for extensions of time to file claim applications cannot be granted. A Claim Filing Deadlines guidance document is available at www.petroboard.org/Pdfs/ClaimFilingDeadlines.pdf.

 

Updated Fund Facts for Mandatory

Cost Pre-Approvals

(Issued August 18, 2021)

 

The Fund Facts Mandatory Cost Pre-Approval document has been updated to assist responsible persons with the cost pre-approval process. A detailed estimated cost and completion schedule is required to be submitted to the Board’s office for the pre-approval of costs for certain program tasks as outlined in O.A.C. 3737-1-12.1, Mandatory and voluntary pre-approval of corrective action costs. Requests for cost pre-approval should be submitted prior to implementation of the work and simultaneously with the submittal of associated notifications or plans to the Bureau of Underground Storage Tank Regulations (BUSTR). In addition, annual cost pre-approval applications are required to be for certain program tasks. The program tasks that require cost pre-approval are outlined in this document, with a discussion of when cost pre-approval is required and any additional items that should be submitted with the cost estimate and completion schedule. In addition, the document includes the answers to several Frequently Asked Questions (FAQs). The updated Fund Facts: Mandatory Cost Pre-Approval document is available at www.petroboard.org/Pdfs/Mandatorycostpre-approval.pdf.

 

Updated Filing Deadlines Table

(Issued August 4, 2021)

The Claim Filing Deadlines guidance document has been updated to assist responsible persons with the timely submittal of Claim Reimbursement Applications. Pursuant to O.A.C. 3737-1-12, Application for reimbursement, a Claim Reimbursement Application for costs incurred in conducting corrective action is required to be filed with the Board’s office within one year from the completion of a program task as described in the rule. In general, the completion date is the date the associated program task report is required to be submitted to the Bureau of Underground Storage Tank Regulations (BUSTR) as set forth in O.A.C. 1301:7-9-13, Petroleum UST corrective action, and outlined in the Claim Filing Deadlines guidance document. The updated guide is available at www.petroboard.org/Pdfs/ClaimFilingDeadlines.pdf.

Deadline Extensions

(Issued July 28, 2021)

 

In general, Claim Reimbursement Applications are required to be submitted within one year from the completion date of the program tasks as described in O.A.C. 3737-1-12, Application Reimbursement. For example, a claim with costs for the Tier 1 Delineation program task is due within one year of the date the Tier 1 Investigation Report is required by the State Fire Marshal’s rules to be submitted to the Bureau of Underground Storage Tank Regulations (BUSTR). A claim submission deadline may be extended if and only if the responsible person has made a timely (prior to the original due date for completion) written request to BUSTR for an extension of the deadline. Approval of an extension request for one program task does not impact the filing deadline for other program tasks. For example, an extension granted for the Tier 1 Source Investigation program task does not act to extend the deadline for the subsequent Tier 1 Delineation program task.

30-Day Notification Required

When Release Caused by Another Party

(Issued July 7, 2021)

 

When a third party causes or contributes to a release of petroleum from an underground storage tank system, O.A.C. 3737-1-22, Subrogation requires the responsible person to notify the Board in writing within 30 days of the incident. The rule also requires the responsible person to notify the party causing or contributing to the release that the Board is entitled by subrogation to all rights to recover corrective action costs or the cost of compensation to third parties for bodily injury or property damage. If notification is not provided, Fund reimbursement for eligible corrective action and third-party claim costs may be subject to a 50% reduction.

 

Hard Copy Applications Required

(Issued June 23, 2021)

 

The Board requires the submission of all applications for eligibility, cost pre-approval, and claim reimbursement to be in hard copy format, regardless of whether the application is also submitted by email. If an application is submitted by email, the request will not be processed until a hard copy is received. For cost pre-approval requests, the date of submission will be the date the hard copy is received. Keep in mind that for security, emails with large attachments are subject to rejection; if rejected, the date the email was attempted to be sent will not be accepted as the date of submission for both eligibility and claim reimbursement applications.

 

Late-filed Costs Not Attributed to the Deductible

(Issued May 26, 2021)

 

Pursuant to O.A.C. 3737-1-08, Disbursement of the Fund, costs determined to be non-reimbursable shall not be applied toward the deductible. Costs for corrective action not timely submitted in an application for reimbursement are not reimbursable. Accordingly, disallowed late-filed costs cannot be attributed to the deductible. A guide to the claim filing deadlines is available by clicking here.

 

Proof of Payment Until the Deductible is Met

(Issued May 5, 2021)

 

Until the Board determines the deductible has been satisfied, acceptable forms of proof of payment include copies of the front and back of canceled checks or Electronic Funds Transfer (EFT) documentation. When a claim application includes any costs that may be attributed toward the deductible, proof of payment records are required to be provided for all costs claimed in that application. Claim payment cannot be authorized for full or partial direct payment to a consultant or other party until the Board determines the deductible has been met.

 

Meal Receipts

(Issued April 21, 2021)

The Board requires the submission of receipts to document all per diem for travel costs, including meal and incidental costs. As always, per diem costs are only reimbursable when associated with a documented overnight stay and are limited to the amount established by the General Services Administration for the time period during which the travel occurred. A breakdown of the General Services Administration’s maximum allowable meal and incidental expenses is available at www.gsa.gov/travel/plan-book/per-diem-rates/mie-breakdown.

Clarification of Allowable Markup

(Issued April 7, 2021)

Effective July 1, 2020, portions of the O.A.C. regarding allowable markup on necessary costs for corrective action changed. O.A.C. 3737-1-09 (A)(17), Limitations of Fund Coverage, was amended to clarify that markup on charges for utilities and costs for transportation of soil and backfill materials are not reimbursable. O.A.C. 3737-1-09.1 (A)(1), Inclusions of Fund Coverage, was amended to clarify that up to a 10% markup is allowed on costs for subcontractor drilling services and utility locating services. In addition, effective July 1, 2020, up to a 10% markup is allowed on subcontractor charges for soil excavation services and vacuum truck services. As always, markup on inseparable lump sum costs which include any of the items outlined in O.A.C. 3737-1-09 (A)(17) is not reimbursable; and only usual, customary and reasonable costs (including markup) can be allowed. For more information, please refer to the full text of O.A.C. 3737-1-09, Limitations of fund coverage and 3737-1-09.1, Inclusions of fund coverage.

Filing Deadlines

(Issued March 30, 2021)

 

Pursuant to O.A.C. 3737-1-12, Application for reimbursement, a Claim Reimbursement Application for costs incurred in conducting corrective action is required to be filed with the Board’s office within one year from the completion of a program task as described in the rule. In general, the completion date is the date the associated program task report is required to be submitted to the fire marshal as set forth in O.A.C. 1301:7-9-13, Petroleum UST corrective action. Program task completion dates specified in correspondence issued by the fire marshal’s office do not act to shorten or extend the deadline for filing a claim application, unless the fire marshal has approved a timely filed written request for an extension of time to complete the program task. O.A.C. 3737-1-12(A) prohibits the reimbursement of costs associated with a program task that are not timely submitted in a claim application. A guide to the claim filing deadlines is available by clicking here.
 

Incomplete Applications

(Issued February 22, 2021)

 

In recent months, the Board has seen a significant increase in the number of incomplete Claim Reimbursement Applications being submitted. Historically, the Board’s staff has generally performed a cursory review of a claim application and requested missing proof of payment, signatures, forms, invoices, etc. within three business days of receipt of the claim application. However, effective February 22, 2021, the receipt of an incomplete claim application is recorded in the Board’s database and the preparer is responsible for submitting all additional information required to complete the claim application. If, after 30 days, the additional documentation required to complete the claim application has not been received, as time permits, the Board’s staff will issue an email to the responsible person and/or the consultant requesting the required additional information.  Claim applications are placed into the queue for review and settlement as of the date the application is determined to be complete.

 

Hard Copy Applications Required

(Issued August 18, 2020)

 

The Board requires the submission of all applications for eligibility, cost pre-approval, and claim reimbursement to be in hard copy format, regardless of whether the application is also submitted by email. For security, emails with large attachments are subject to rejection; if rejected, the date the email was attempted to be sent will not be accepted as the date of submission.

 

hone:  (614) 752-8963  ·  Toll Free Phone:  (800) 224-4659  ·  Fax:  (614) 752-8397  ·  P.O. Box 2280  Westerville, OH  43086-2280

 

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