Texas Register, Volume 18, Number 90, Part I, Pages 8827-8870, December 3, 1993 Page: 8,866
8827-8870 p. ; 28 cm.View a full description of this periodical.
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tive director to be necessary to avoid
destruction of substantial or significant
surface improvements;
(xv) temporary reloca-
tion of utility structures when necessary
to the performance of corrective action;
(xvi) preparation of
technical reports required pursuant to
the requirements of subchapter D of this
chapter (relating to Reporting of Releases
and Corrective Action);
(xvii) the fair market
value' of access to property outside of the
facility boundaries where such access is
necessary for the performance of correc-
tive action;
(xviii) the reasonable
value of necessary time spent by the ap-
plicant in planning and administering his
own corrective action plan;
(xvi) performance of
any corrective action measure which is
specifically required by an order of the
commission or a written request or con-
firmation of the executive director on or
after September 1, 1987;
(xx) state and federal
sales taxes applicable to items which are
otherwise allowable costs under this sec-
tion;
(xxi) interest on the
monies expended for an item of correc-
tive action, provided that:
(1) the interest costs
were incurred on expenses which them-
selves are allowable costs under this sec-
tion;
(11) the interest costs
were incurred on expenses which them-
selves are reasonable costs under
334.309 of this title (relating to Reason-
able Costs-Interim Period);
(1ll) the rate of inter-
est which may be reimbursed shall be the
lesser of:
(-a-) the actual
rate of interest incurred; or,
(-b-) a rate which
does not exceed an amount that is 2.0%
higher than the New York prime rate on
the (late which the corrective action item
for which interest is claimed is approved
for payment under 334.314 of this title
(relating to Executive Director's Fund
Payment Report-Interim Period);
(IV) the only interest
allowable is the interest which accrues on
a corrective action item on or after theday on which the item itself is approved
for payment under 334.314 of this title
(relating to Executive Director's Fund
Payment Report-Interim Period); and
(V) any interest
claim for an item under this subsection
shall be in lieu of all interest which may
be claimed under the Texas Water Code,
26.3573, and Texas Civil Statues, Article
601f, on that same item; and
(xxii) any other costs de-
termined by the executive director to be
allowable in accordance with the provi-
sions of this subchapter.
(D) The following types of
costs are those which will not be consid-
ered allowable costs under this
subchapter:
(i) the cost of replace-
ment, repair, and maintenance of af-
fected tanks and associated piping;
(ii) the cost of upgrad-
ing existing affected tanks and associated
piping, including but not limited to the
costs of corrosion protection, release de-
tection, spill and overfill protection, or
anty other upgrading required by
Subchapter C of this chapter (relating to
Technical Standards);
(iii) removal, transport,
and disposal of the piping, pumps, and
dispensers associated with the under-
ground or aboveground tank when re-
moved prior to October 1, 1992;
(iv) loss of income or
profits, including without limitation, the
loss of business income arising out of the
review, processing, or payment of an ap-
plication or request for assistance under
this subchapter;
(v) decreased property
values;
(vi) bodily injury or
property damage;
(vii) attorney's fees;
(viii) any costs associ-
ated with preparing, filing, and prosecut-
ing an application for reimbursement or
assistance under this subchapter;
(ix) the costs of making
improvements to the facility beyond those
that are required for corrective action;
(x) costs associated with
contamination assessments performed for
any purpose where no release of petro-
leum is discovered, except when the con-
tamination assessment has been ordered
by the commission;
(xi) costs of compiling
and storing records relating to costs of
corrective action;(xii) costs of corrective
action taken in response to the release of
a substance whicli is not a petroleum
product as defined in 334. 322 of this
title (relating to Subchapter H Defini-
tions);
(xiii) costs of tank integ-
rity testing when it is not specifically re-
quired by this chapter, requested by the
executive director, or ordered by the
commission;
(xiv) costs of any correc-
tive action incurred by an owner or oper-
ator on or after the date that the
executive director commences corrective
action at the owner's or the operator's
facility pursuant to 334.321 of this title
(relating to Corrective Action by the
Commission-Interim Period.); unless au-
thorized in writing by the executive di-
rector;
(xv) costs incurred as a
result of a release from a storage tank
system owned, operated, or maintained
by a common carrier railroad; and
(xvi) anty activities, in-
.cluding those required by this chapter,
which are not conducted in compliance
with applicable state and federal environ-
mental laws or laws relating to the trans-
port and disposal of waste.
(E) The costs of abating the
release from the petroleum storage tank
and the costs of removal, transport and
disposal of the petroleum storage tank,
excluding associated piping, pumps and
dispensers, are the only allowable costs in
situations where:
(i) a release of a petro-
leum product from a petroleunl storage
tank occurs near the location of a release
of any other substance other than hy-
draulic oil from a hydraulic lift system or
'spent oil from a motor vehicle, located at
a vehicle service and fueling facility; and
(ii) the contamination
from the substance which is a petroleum
product could not reasonably be remedi-
ated under a separate and distinct cor-
rective action plan from the substance
which is not a petroleum product.
(F) The costs of abating the
release from the hydraulic lift system and
the costs of' removal, transport and dis-
p)osal of the tank, excluding associated
piping and equipment, are the only al-
lowable costs in situations where:
(i) a release of' hydraulic
fluid occurs near the location of a release
of' any other substance other than:18 TexReg 8866 December 3, 1993
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Texas. Secretary of State. Texas Register, Volume 18, Number 90, Part I, Pages 8827-8870, December 3, 1993, periodical, December 3, 1993; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181910/m1/40/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.