1. (a) An application for reimbursement filed pursuant to this subchapter shall be on a form approved or provided by the executive director.

2. (b) The application shall contain the following:

   1. (1) the name, address, telephone number, and signature of all of the following: the applicant, the application preparer, and the prime contractor and/or prime corrective action specialist required by §334.302 of this title (relating to General Conditions and Limitations Regarding Reimbursement), unless otherwise approved by the executive director;

   2. (2) the name, address, and telephone number of:

      1. (A) each owner and operator of the tanks;
      2. (B) the facility owner; and
      3. (C) the owner of the land on which the tank system is located;
   3. (3) the address and zip code of the facility where the release occurred;
   4. (4) the location of the facility at which the corrective action was performed or is to be performed, identified with sufficient clarity and detail to enable a person unfamiliar with the site to locate it and reach it by automobile;
   5. (5) any information required by the executive director under §334.307 of this title (relating to Technical Information Required), if not already submitted to the executive director;

   6. (6) legible copies of invoices, providing a description of:

      1. (A) any work performed;
      2. (B) who performed the work;
      3. (C) where the work was performed;
      4. (D) the dates the work was performed;
      5. (E) the unit cost; and
      6. (F) the total amount paid;

   7. (7) evidence that the amounts shown on the invoices for which reimbursement is requested have been paid in full by the claimant. The evidence must be accompanied by either:

      1. (A) business receipts or invoices from the person who performed the work, indicating payments received;
      2. (B) canceled checks;
      3. (C) the certification of a certified public accountant that the expenses for which reimbursement is requested have been paid in full; or
      4. (D) an affidavit signed by the person who performed the corrective action, affirming that the amounts which the applicant represents as being paid to him were paid in full;
   8. (8) an estimate of the costs, if any, of corrective action which has not yet been completed, but for which reimbursement ultimately may be claimed. This estimate may be used for planning purposes only and will not be binding on the owner or operator for the purposes of payments from the petroleum storage tank remediation fund; and
   9. (9) any other information which the executive director may reasonably require.

3. (c) Provided the initial application is filed on or before the effective date of final rule adopted to succeed this interim subchapter, the applicant may file the application at any phase of corrective action. Payment will only be made at the following payment times:

   1. (1) after the completion of a phase; or
   2. (2) at points during the corrective action process agreed to by the executive director and the applicant.
4. (d) The executive director may require the applicant to supplement information already submitted or return the application without prejudice if the information is not sufficient to review the application.
5. (e) The applicant must update his application with any information not yet submitted to the executive director before processing or payment of claims at any stage begins.

6. (f) For purposes of this subchapter, the following are the phases of corrective action:

   1. (1) initial abatement measures and emergency actions phase;
   2. (2) preliminary site assessment phase;
   3. (3) comprehensive site assessment and remediation planning phase;
   4. (4) remediation phase; and
   5. (5) post-remediation phase.

Source Note:The provisions of this §334.306 adopted to be effective September 26, 1990, 15 TexReg 5209; amended to be effective March 4, 1992, 17 TexReg 1385; amended to be effective March 25, 1993, 18 TexReg 1687; amended to be effective November 8, 1995, 20 TexReg 8800.