8 CCR 1507-22
DEPARTMENT OF PUBLIC SAFETY 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.] _________________________________________________________________________ PART I GENERAL STATEMENTS 1.0. 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 dispatched hazardous incident response claims.
1.1. APPLICABILITY. These rules and regulations apply to all public entities, state and political subdivisions, and/or units of local government. These rules apply to the submission of reimbursement claims arising out of the 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, according to the provisions of §29-22-104, CRS.
1.2. DEFINITIONS. Unless otherwise specified, the definitions provided in §29-22-101 (2), CRS, apply to these rules. The following definitions are also applicable: 1.2.1. COSTS: Means the amount of money and/or damage related to hazardous substance incident response and mitigation activities. Costs may be direct or indirect. 1.2.2. CSP: Means the Colorado State Patrol.
1.2.3. DIRECT COSTS: Include those costs specifically incurred as a result of responding to and/or mitigating a hazardous substance incident. Direct costs may include 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.
1.2.4. DEPARTMENT: Means the Colorado Department of Public Safety (CDPS). 1.2.5. DESIGNATED EMERGENCY RESPONSE AUTHORITY (DERA): Has the same meaning as set forth within §29-22-102, CRS.
1.2.6. DIRECTOR: Means the Executive Director of the Colorado Department of Public Safety (CDPS).
1.2.7. HAZARDOUS SUBSTANCE: Is the same as the definition of a hazardous substance under §29-22-101 (1), CRS.
1.2.8. HAZARDOUS SUBSTANCE INCIDENT: Is the same as the definition of hazardous substance incident under §29-22-101 (2)(a), CRS.
1.2.9. INDIRECT COSTS: Include costs resulting from responding to a hazardous substance incident that are not considered direct costs. 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 hazardous substance incident response reimbursement. 1.2.10. PERSON: Is as defined within §29-22-101 (3), CRS, and is any individual, public or private corporation, partnership, association, firm, trust, or estate, the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. 1.2.11. RESPONSIBLE PARTY: Is the person having care, custody, and/or control of a hazardous substance at the time of a hazardous substance incident. PART II HSCR 2.0: HAZARDOUS SUBSTANCE INCIDENT RESPONSE DOCUMENTATION. Responding agencies must provide the CSP Hazardous Materials Section with written documentation detailing any hazardous substance incident response and/or mitigation activity. This written documentation must include, at a minimum:
2.1.1. The date, time, and location of the hazardous substance incident; 2.1.2. Identification of the hazardous substance(s);
2.1.3. Identification of the DERA and all other private or public agencies present at the scene of the incident;
2.1.4. A summary describing the incident and all mitigation activity performed by the responding agency;
2.1.5. The type and number of response personnel involved; 2.1.6. The type and number of response vehicles involved; and 2.1.7. The type of equipment used in response to the hazardous substance incident. PART III HSCR 3.0: ESTABLISHING REIMBURSABLE COSTS. Eligible reimbursement costs may include direct and/or indirect costs as each are identified within the definitions of these rules. Regardless of costs being direct or indirect, all claims requesting reimbursement of costs arising out of response to a hazardous substance incident must be in writing. 3.1.1. CALCULATION OF DIRECT COSTS. When calculating direct costs of hazardous substance incident response reimbursement claims agencies should include the following information in the written claim, as each of the following applies to the incident: 3.1.1.1. The actual hourly rate for personal salaries (regular and/or overtime); 3.1.1.2. The actual cost of expended supplies;
3.1.1.4. An amortization/depreciation schedule for vehicles involved or the Federal Emergency Management Agency (FEMA) schedule of equipment rates outlined in 44 CFR 206.228;
3.1.1.5. 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 is available upon request. The CSP Hazardous Materials Section updates this schedule biannually.
3.1.2. CALCULATION OF INDIRECT COSTS. When calculating indirect costs for hazardous substance incident response claims, responding agencies may calculate indirect costs by:
4.1.1. All communications requesting reimbursement from a responding person as defined within these rules for response to a hazardous substance incident to a Responsible Party must be in writing. The initial delivery of a claim for reimbursement for response to a hazardous substance incident from any person to a Responsible Party must be by certified mail.
PART V HSCR 5.0: DISPUTE RESOLUTION. The Director will maintain a list of qualified persons available to perform as volunteer ombudsmen, mediators, or arbitrators to resolve disputes related to hazardous substance incident response claims. This list is available upon a written request addressed to the Director or to his or her designee.
5.1.1. Persons volunteering to act as ombudsmen, mediators, or arbitrators for disputes related to hazardous substance incident response reimbursement claims must meet the qualifications outlined in §29-22-104 (6) (b), CRS.
5.1.2. Parties who become subject to dispute resolution consistent with §29-22-104 (6) (b), CRS, may either enter into any agreements or understandings as may be necessary to resolve a hazardous substance incident response reimbursement claim. PART VI HSCR 6.0: DERA REPORTING RESPONSIBILITIES. Consistent with §29-22-102 (3) (a) and (b), CRS, the governing bodies of every town, city, city and county, or unincorporated area of every county in Colorado must report annually the DERA Or otherwise statutorily appointed emergency response authority to the CSP Hazardous Materials Section. Annually reported DERA designation information should be submitted to the CSP Hazardous Materials Section electronically at dera@state.co.us.
PART VII HSCR 7.0: 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 CSP Hazardous Materials Section, 15065 S. Golden Road, Golden, CO., 80401. 7.1.1. 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 consistent with §24-4-103 (12.5), CRS:
7.1.2. The CSP Hazardous Materials Section will maintain copies of the complete texts of any referenced publications, standards, guidelines, and rules and will make such documents available for public inspection during regular business hours. 7.1.2.1. Interested parties may access any referenced publications, standards, guidelines, or rules free of charge online as indicated in Part 7.1.1 of these rules. 7.1.2.2. Interested parties may also inspect any referenced materials and/or obtain copies of the adopted standards for a reasonable fee by contacting the CSP Central Records Unit (CRU) at 700 Kipling St., Lakewood, CO., 80215. Copies of any adopted publications, standards, guidelines, and rules may be available from the organization of the original publication:
7.1.3. These rules do not include later amendments to or editions of any publications, standards, guidelines, or rules incorporated by reference herein. 7.1.4. These rules are available online through the CSP Hazardous Materials Section webpage at HTTPS://CSP.COLORADO.GOV/REIMBURSEMENTPROGRAM and the CDPS Rulemaking Information webpage, HTTPS://PUBLICSAFETY.COLORADO.GOV/GET- INVOLVED/RULES-AND-REGULATIONS. All contact with the CSP concerning these rules or their applicability should be addressed to:
_________________________________________________________________________ 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.
Entire rule eff. 04/01/2022.
Entire rule eff. 03/31/2023.
Entire rule eff. 04/01/2024.