DEPARTMENT OF PUBLIC SAFETY Colorado State Patrol RULES AND REGULATIONS CONCERNING CLAIMS FOR REIMBURSEMENT FOR THE COSTS OF RESPONSE AND MITIGATION OF HAZARDOUS SUBSTANCE INCIDENTS 8 CCR 1507-22 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ AUTHORITY TO ADOPT RULES AND REGULATIONS Pursuant to §29-22-104 (6) (A), CRS, the Executive Director of the Colorado Department of Public Safety (CDPS) is authorized to adopt rules and regulations establishing a process through which a public entity, political subdivision of the state, or unit of local government may claim reimbursement of reasonable, necessary and documented response and/or mitigation costs attributable to a hazardous substance incident. The Executive Director is further authorized by §29-22-104 (6) (B), CRS, to establish access to qualified persons to assist in the mediation or arbitration of disputed hazardous incident response claims. APPLICABILITY These rules and regulations are applicable to all public entities, political subdivisions of this state, and/or units of local government. These rules apply to the submission of reimbursement claims arising out of response and mitigation of hazardous substance incidents where the Colorado State Patrol (CSP) is the Designated Emergency Response Authority (DERA) as defined within §29-22-102, CRS, pursuant to the provisions of §29-22-104, CRS.

DEFINITIONS Unless otherwise specified, the definitions provided in §29-22-101(2), CRS, shall apply to these rules. The following definitions are also applicable:

A. COSTS: Means the amount of money and/or damages related to hazardous substance incident response and mitigation activities. Costs may be direct or indirect. 1. DIRECT COSTS: Include those costs specifically incurred as a result of responding to and/or mitigation of a hazardous substance incident. Direct costs may include costs related to personnel salaries (inclusive of benefits); equipment use/damage; vehicle use and/or damage; expenditure of response/mitigation supplies; use of contract services; laboratory testing; and disposal and/or storage of hazardous materials/substances. 2. INDIRECT COSTS: Include costs resulting from responding to a hazardous substance incident that are not considered a direct cost. Indirect costs may include clerical, accounting and legal services; report preparation costs; hazardous substance incident planning; and those costs arising out of subsequent processing or resolution of a claim for reimbursement.

B. DEPARTMENT: Means the Colorado Department of Public Safety (CDPS). C. DESIGNATED EMERGENCY RESPONSE AUTHORITY (DERA): Shall have the same meaning as set forth within §29-22-102, CRS.

1 CODE OF COLORADO REGULATIONS 8 CCR 1507-22 Colorado State Patrol D. DIRECTOR: Means the CDPS Director.

E. RESPONSIBLE PARTY: Means the person or persons having care, custody and/or control of a hazardous substance at the time it is involved in a hazardous substance incident. HSCR 1: HAZARDOUS SUBSTANCE INCIDENT RESPONSE DOCUMENTATION A. Responding agencies must provide to the Hazardous Materials Training and Response Section of the CSP, hereinafter the CSP Hazardous Materials Section, written documentation of any hazardous substance incident response and/or mitigation activity. this written documentation must detail, at minimum:

1. The date, time and location of the hazardous substance incident; 2. Identification of the hazardous substance;

3. Identification of the DERA and all other agencies present at the scene of the incident; 4. A summary describing the incident and all mitigation activity performed by the responding agency;

5. The type and number of response personnel;

6. The type and number of response vehicles; and 7. The type of equipment used.

HSCR 2: ESTABLISHING REIMBURSABLE COSTS A. Eligible reimbursement costs may include direct and/or indirect costs. B. All claims for direct and/or indirect costs must be in writing. 1. When calculating reimbursement claims for direct costs, agencies should include in their written claim the following information, as applicable: i. The actual hourly rate for personnel salaries (regular and/or overtime); ii. The actual cost of expended supplies;

iii. The actual cost to replace or repair equipment (not vehicles) used during a response to a hazardous substance incident;

iv. An amortization/depreciation schedule for vehicles or the Federal Emergency Management Agency (FEMA) schedule of equipment rates set forth in 44 CFR 206.228.

v. A reimbursement rates schedule for expenses incurred by the CSP when responding to or mitigating hazardous substance incidents referencing applicable FEMA schedule rates together with applicable, averaged CSP costs shall be available upon request to the public. The CSP hazardous materials section will update this schedule biannually.

2. When calculating claims for indirect costs, responding agencies may either calculate indirect costs:

2 CODE OF COLORADO REGULATIONS 8 CCR 1507-22 Colorado State Patrol i. Using a formula currently in use by the responding agency to calculate indirect costs; or ii. By electing a standard calculation for indirect costs that equal up to 10% of the total direct costs being claimed by the agency.

HSCR 3: CLAIMS PROCESSING A. Claims for reimbursement shall be submitted to the responsible party as soon as possible after a hazardous substance incident site is declared safe by the DERA. 1. All communications from an agency claiming reimbursement for response to a hazardous substance incident to a responsible party must be in writing. i. The initial delivery of a reimbursement claim from an agency to a responsible party must be by certified mail.

HSCR 4: DISPUTE RESOLUTION A. The Director will maintain a list of qualified persons available to perform as volunteer ombudsmen, mediators or arbitrators to resolve disputes related to these claims. This list will be made available upon receipt of a written request addressed to the Director or his or her designee. 1. Persons volunteering to act as an ombudsmen, mediators or arbitrators for disputes related to hazardous substance incident reimbursement claims must meet the qualifications listed in §29-22-104 (6) (b), CRS.

B. The parties involved in the dispute resolution may enter into such agreements or understandings as may be necessary to resolve the claim.

HSCR 5: DERA REPORTING RESPONSIBILITIES A. Pursuant to §29-22-102 (3) (a) and (b), CRS, the designation of a DERA to respond to substance incidents occurring within the corporate limits of a town, city, city and county or within unincorporated areas of a county will be reported annually to the CSP Hazardous Materials Section.

B. Annually reported DERA designation information shall be submitted to the CSP Hazardous Materials Section electronically at dera@STATE.CO.US.

PUBLICATIONS AND RULES INCORPORATED BY REFERENCE A. All publications and rules referred to in these regulations are on file and available for public inspection by contacting the CSP Hazardous Materials Section, 15065 South Golden Road, Golden, CO 80401.

1. All publications, standards, guidelines, and rules adopted and incorporated by reference in these rules will be provided to and made available for examination at any state publications depository library as required by §24-4-103 (12.5), CRS. the following publications, standards, guidelines and rules are adopted as amended within these rules in accordance with §24-4-103 (12.5), CRS:

3 CODE OF COLORADO REGULATIONS 8 CCR 1507-22 Colorado State Patrol a. Federal Emergency Management Agency, Department of Homeland Security, 44 CFR § 206.228 (2009). The amortization/depreciation schedule of equipment rates is available online through the FEMA website at:

HTTPS://WWW.FEMA.GOV/MEDIA-LIBRARY-DATA/1444398992310- B880A945B45F4EE2503909C4550ECD20/2015EQUIPMENTRATES508.PDF. 2. The CSP Hazardous Materials Section shall maintain copies of the complete texts of each of the aforementioned publications, standards, guidelines and rules and will make them available for public inspection during regular business hours. Interested parties may access these documents free of charge online. Interested parties may also inspect the referenced incorporated materials and/or obtain copies for the adopted standards for a reasonable fee by contacting the CSP Hazardous Materials Section at 15065 S. Golden Rd., Golden, CO., 80401. Copies of the adopted publications, standards, guidelines and rules may also be available from the organizations of original issue. a. Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS), 500 C. ST. SW., Washington, DC, 20472. Phone: 1-800-621- 3362. Website: WWW.FEMA.GOV.

B. These rules do not include later amendments to or editions of any publications, standards, guidelines or rules incorporated by reference herein.

C. These rules are available online through the CSP Hazardous Materials Section webpage at HTTPS://WWW.COLORADO.GOV/PACIFIC/CSP/HAZARDOUS-MATERIALS. All contact with the CSP regarding these rules or their applicability should be addressed to: Colorado State Patrol Hazardous Materials Section 15065 S. Golden Rd.

Golden, CO. 80401 303-273-1900 _________________________________________________________________________ Editor’s Notes History Entire rule eff. 04/30/2008.

Entire rule eff. 04/30/2013.

Entire rule eff. 03/30/2016.

Rule HSCR 5 eff. 04/30/2017.

Rules HSCR 2:B.2.ii, HSCR 3:A.1, HSCR 4:A eff. 03/17/2018. Entire rule eff. 04/01/2020.

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