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

2. (b) The application must 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 agency;

   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 agency under §334.307 of this title (relating to Technical Information Required), if not already submitted to the agency;

   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) proof that the amounts shown on the invoices for which reimbursement is requested have been paid in full by the claimant. The submission must include 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;
      4. (D) a notarized affidavit signed by the person who performed the corrective action, affirming that the amounts which the applicant represents as being paid to the person who performed the corrective action were paid in full; or
      5. (E) a promissory note issued by the eligible owner or operator to the person who performed the corrective action for the claimed amount accompanied by a notarized affidavit signed by the person who performed the corrective action, affirming that the amounts which the applicant represents as being paid to person who performed the corrective action, were paid in full, via the promissory note;
   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 agency may reasonably require.

3. (c) An application may be filed at the following times:

   1. (1) after the completion of a phase or pre-approved activity; or
   2. (2) at points during the corrective action process agreed to by the agency and the applicant.
4. (d) The agency may require the applicant to supplement information already submitted or return the application 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 agency 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 phase;
   4. (4) risk assessment and remediation planning phase;
   5. (5) remediation phase;
   6. (6) post-remediation monitoring phase; and
   7. (7) site closure.

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; amended to be effective November 23, 2000, 25 TexReg 11442.