18 AAC 78.514. Ineligible costs

(a) Grants and loans under AS 46.03.420 (b) awarded under this chapter will not be approved for

(1) an acquisition of land or right-of-way;

(2) an interest or financing charge;

(3) work described in AS 46.03.375 that is performed on or after March 25, 1992, and that is not performed or supervised by a person certified under this chapter;

(4) a pump, structure, or facility that is new, unless the department approves the purchase and the purchase is made from a separate grant for upgrading awarded under AS 46.03.430 ; however, the cost to restore the site to its original condition is an eligible cost;

(5) routine operation or maintenance;

(6) an administration or overhead expense incurred by the owner or operator;

(7) a cost resulting from lost business while a UST is being repaired or upgraded or while a corrective action is being conducted;

(8) an insurance premium or other cost associated with meeting the financial responsibility requirements of 18 AAC 78.910;

(9) work performed by the owner or operator or by an employee of the owner or operator, unless the labor and equipment charge rates and the number of hours charged to the project are approved by the department;

(10) a cost that is recoverable by the owner or operator from insurance coverage or from another person or entity liable for those costs;

(11) a cost for bodily injury or for damages to real or personal property;

(12) a cost not directly attributed to or contributing to completion of an approved project; and

(13) legal costs or expenses, including attorney or paralegal fees.

(b) Loans under AS 46.03.422 awarded under this chapter will not be approved for

(1) costs listed in (a)(1), (a)(3), (a)(12), or (a)(13) of this section; or

(2) reimbursement of expenses previously paid.

(c) An owner or operator who disputes a finding of ineligibility under (a) or (b) of this section may seek resolution of the dispute by the board under 18 AAC 78.950.

History: Eff. 1/27/94, Register 129; am 6/23/94, Register 130; am 11/3/95, Register 136; am 1/22/99, Register 149; am 4/16/2000, Register 154

Authority: AS 46.03.020

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