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New Hampshire Department of Environmental Services
PUBLIC GOVERNMENT BUSINESS A to Z LIST

Frequently Asked Questions
 
  • Does the state have any funds to assist in cleaning up of contaminated sites?
    The Oil Discharge, Disposal and Cleanup Fund (ODD Fund), the Fuel Oil Discharge Cleanup Fund (FOD Fund) and the Motor Oil Discharge Cleanup Fund (MOD Fund) were established to assist owners of petroleum storage facilities who incur cleanup costs when a release (spill or leak) occurs. To be eligible for these funds, the facility or site must be in compliance with applicable regulatory requirements. For further information contact the Fund Administrator at the Oil Remediation and Compliance Bureau (603) 271-2370 or through Telephone/E-mail, on the SRP home page. See the State of Petroleum Reimbursement Fund Program guidance document for more information.
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  • What are my regulatory responsibilities as a petroleum storage facility owner?
    facility owner has a "duty to report" under New Hampshire law when a release occurs, and must undertake corrective action. Reporting and corrective action requirements are detailed in NH Administrative Rules Env-Wm 1403 and Env-Ws 412.
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  • What are the limits of coverage under NH state funds?
    The funds will reimburse an owner for the costs of on site and off site corrective action, and for third-party damage claims. Aggregate coverage limits for any single occurrence are $500,000 for fuel oil and motor oil facilities, and $1,500,000 for motor fuel facilities. An initial cost "deductible" applies to all facilities except on-premise use fuel oil. See the Petroleum Reimbursement Fund Program Overview document section of the Guidance Documents page for more information.
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  • Is verification required that other insurance coverage is not available?
    Yes. If insurance policies are in force, a coverage determination must be requested from the insurance carrier before claims may be submitted to the state funds. The state funds only cover costs, which are not recoverable under other valid and collectable insurance.
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  • What costs are considered eligible expenses under the NH state funds?
    Eligible expenses include emergency release response actions, site investigations, remedial plan development and remedial plan implementation. DES must pre-approve all work for scope and budget. See the Prevailing Market Rates Pre-Approved Work Scopes for more information under the Petroleum Reimbursement Fund Program.
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  • When may reimbursement claims be submitted and by whom?
    In general, reimbursement may be requested upon completion of, and reporting on a contamination cleanup "phase". Claims may be submitted directly by the facility owner or by an "applicant" who has a contract with the owner to perform corrective action.
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  • What does a reimbursement claim submittal include?
    A complete claim includes a reimbursement request form, an invoice summary, copies of all contractor and sub-contractor invoices, a copy of the DES work scope approval, copies of corrective action reports (if not previously submitted) and facility compliance information if applicable.
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  • How long does it take to process a reimbursement claim?
    Reimbursement claims received by DES are "logged-in" a database for tracking and reporting, and assigned to a project manager (PM) for review, on a weekly basis. If the submittal is not substantially complete, it is returned to the sender without login. If DES records indicate the facility is not in compliance with applicable operating requirements, the reimbursement claim is held pending verification of compliance and fund eligibility. Substantially complete claims, in general, are considered in order based on the date of receipt, or the date of compliance verification, as applicable. The time required for database login, PM assignment, and DES review to determine eligible expenses, and Oil Fund Disbursement Board approval, is typically between 45 and 60 days. Once approved, payment from the State Treasurer occurs in 10 – 15 days. See the Summary of Work Scope Approval Report, Work Scope Review Queue and Reimbursement Claims Queue and Summary of Board Actions section of the Site Remediation Programs home page for the status of your reimbursement claim.
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  • What can be done to avoid a problem with a claim?
    We have the following suggestions:
    • Obtain work scope and budget approval before proceeding with corrective action.
    • Submit a complete request with all required signatures on the request form.
    • Submit complete invoicing (contractor and sub-contractor) documentation to demonstrate incurred costs.
    • Provide all related corrective action reports, bills of lading for contaminated soils, analysis results, etc.
    • Do not submit for work-in-progress for which no reports have been provided.
    • Reconcile invoiced expenses against approved work scope tasks and their respective budgets, so the costs are clear.
    • Verify the facility compliance status before filing a claim.
    • Submit insurance coverage determination documentation.
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  • Can additional related information be submitted after a claim is processed?
    Yes. Supportive documentation, which is necessary for full eligible cost payment, which was not provided with an initial submittal, may be re-submitted. Re-submittals are also considered on a first-in, first-out basis.
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  • Is there any limit to the number of claims which may be submitted?
    No, as long as corrective action is necessary, pre-approved and documented for performance and cost. Multiple claims are typically associated with complex, long-term corrective action projects.
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  • Are costs resulting from a third-party lawsuit eligible?
    Yes. Upon service of a writ or petition filed in a court of law by a third party against the owner for damages resulting from bodily injury or property damage, the owner shall provide written notice to the Oil Fund Disbursement Board within 60 days of service. Owners who fail to provide timely notice to the board shall not be eligible for reimbursement. The owner shall undertake a reasonable and adequate defense to preserve the right to seek reimbursement.

    In the event a demand for third-party damages is made against the owner before a writ is filed, the owner shall forward the demand to the board and shall inform the board of any attempts made to settle the matter before the filing of a writ. The owner shall also undertake any action necessary to obtain a reasonable settlement. Contact the Fund Administrator (603) 271-2370 for more details.

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  • What is the current work scope review turn-around time?
    The work scope review turn-around time is typically 30 days or less, and varies month to month according to the number of work scope submittals received in a given month. Refer to the Summary of Work Scope Approval Report, Work Scope Review Queue and Reimbursement Claims Queue and Summary of Board Actions on the Site Remediation Programs home page.
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  • Does DES have a reasonable cost guidance document available?
    DES has a list of pre-approved budgets for various corrective action tasks. The package is available The pre-approved scopes of work allow for work to proceed without any additional approvals from DES, provided the facility meets all required eligibility criteria. A "not-to-exceed" engineering budget has been established for these tasks, and subcontractor costs are to be reimbursed at "prevailing market rates". See the "Report on Prevailing Market Rates and Pre-Approved Workscopes" on the Waste Management Divisions Home Page under Petroleum Reimbursement Fund Program.



NH Department of Environmental Services | 29 Hazen Drive | PO Box 95 | Concord, NH 03302-0095
(603) 271-3503 | TDD Access: Relay NH 1-800-735-2964 | Hours: M-F, 8am-4pm

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