8 CCR 1507-22
DEPARTMENT OF PUBLIC SAFETY Colorado State Patrol 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 The Executive Director of the Colorado Department of Public Safety (CDPS) is authorized by the provisions of §29-22-104(6)(a)&(b), C.R.S., to adopt rules and regulations creating 1) a process by which a public entity, political subdivision of the state, or unit of local government may claim reimbursement for costs attributed to a hazardous substance incident that are reasonable, necessary, and documented; and 2), a process and procedures by which the parties involved in a dispute may access and arrange for the assistance of a qualified person to mediate/arbitrate the dispute. DEFINITIONS The definitions provided in §29-22-101(2), C.R.S. shall apply to these rules and regulations. The following additional definitions shall also apply:
"Department" means the CDPS.
"Costs" means those direct and indirect costs resulting from actions taken to remove, contain, or otherwise mitigate the effects of a hazardous substance incident. "Responsible Party" means the person or persons who have care, custody and control of the hazardous substance involved at the time of the incident. APPLICABILITY These rules and regulations shall apply to all public entities, political subdivisions of the state, and or units of local government who choose to submit a claim for reimbursement through the Colorado State Patrol for the costs relating to the response and mitigation of a hazardous substance incident when the Colorado State Patrol is the Designated Emergency Response Authority pursuant to the provisions of §29-22-104, C.R.S.
HSCR 1 DOCUMENTATION OF ACTIONS A. To establish that the costs associated with a hazardous substance incident are reasonable, necessary, and documented, responding agencies must document their actions. Therefore, the following must be submitted:
- Identification of the DERA and other agencies on scene - Type and number of personnel - Type and number of response vehicles - Type of equipment utilized HSCR 2 ESTABLISHING ALLOWABLE COSTS
A. Allowable costs may include DIRECT and INDIRECT costs. To establish that costs are reasonable, necessary, and documented, all responding agencies making claims should both document and justify their claims as thoroughly as possible according to the process provided herein. Assessment of reimbursement claims shall account for the cost differences between rural and urban areas and between responding entities that use paid staff and those that use volunteers.
B. DIRECT COSTS may include the following:
C. All claims shall demonstrate how the actual costs were calculated.
D. INDIRECT COSTS are incurred as a result of a response to a hazardous substance incident and the subsequent processing of a claim for any associated costs. These may include costs of clerical, accounting, and legal services, as well as costs for preparation and planning.
E. An indirect costs calculation may be based on a formula currently used by the entity or, in lieu of a formula, a standard discretionary amount for indirect costs up to 10% of the total direct costs may be used.
Code of Colorado Regulations 2 HSCR 3 CLAIMS PROCESSING A. Reimbursement claims shall be submitted to the responsible party or their representative as soon as possible after the incident scene is declared safe by the Designated Emergency Response Authority (DERA).
B. All written communications by the claimant to the responsible party shall be by certified mail. HSCR 4 DISPUTE RESOLUTION A. The Director shall maintain a list of knowledgeable and qualified persons in accordance with the provisions of §29-22-104(6), C.R.S.
B. Persons interested in the role of a voluntary ombudsman, mediator, or arbitrator, to resolve disputes involving reimbursements, shall be selected using the following process:
C. Any party who wishes to dispute a reimbursement claim may submit a written request to the Director for the assistance of a person on the list. The Director shall provide the party requesting assistance with a copy of the list of qualified persons. It shall be the responsibility of the party requesting assistance to initiate contact with a qualified person on the list.
D. The parties involved in the dispute resolution may enter into such agreements or understandings as may be necessary to resolve the claim.
PUBLICATIONS AND RULES INCORPORATED BY REFERENCE All publications and rules referred to in these regulations are on file and available for public inspection by contacting the Officer-In-Charge of the Colorado State Patrol Hazardous Materials Section, 15065 South Golden Road, Golden, CO 80401.
This rule does not include later amendments to or editions of materials incorporated by reference. All publications and rules adopted and incorporated by reference in these regulations may be examined at any state publications depository library. Additionally, all rules and regulations are available on the Department’s web site: http://csp.state.co.us.
_________________________________________________________________________ Editor’s Notes History Entire rule eff. 04/30/2008.
Entire rule eff. 04/30/2013.
Code of Colorado Regulations 3