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Guidelines For Eligibility Determinations For Work Performed Under The EQBA Title 3 (TAGM - 4034)

Issuing Authority: Michael J. O'Toole, Jr.
Title: Director, Division of Environmental Remediation
Date Issued: Oct 27, 1989


Municipalities that perform remedial activities at Class 2 inactive hazardous waste disposal sites pursuant to an agreement (Consent Order) with the Department may seek State financial assistance to defray the costs of the remedial activities.

The following guidance provides for fair and consistent decision- making in the determination of eligibility of costs which a municipality incurs during an EQBA Title 3 remedial project.

All Departmental employees associated with a Title 3 project are responsible for ensuring that decisions concerning eligibility of costs are neither arbitrary nor capricious.

Adherence to this guidance will ensure that each community receives the same consideration and is reimbursed for only the costs to which it is entitled.

Division of Hazardous Waste Remediation

Guidance for Establishing the Eligibility of
Work for Reimbursement Under the EQBA Title 3 Provisions

  1. Policy

    A municipal owner/operator of a Class 2 site may seek up to 75 percent reimbursement of the State approved remedial program. Funds received by the municipality from the Federal Government, other responsible parties and insurance carriers shall be first deducted from the total project cost before determining the State's share of the costs of an approved remedial program. To be reimbursed for a cost, the municipality must demonstrate to the State's satisfaction that:

    1. incurring the cost is necessary to conduct the approved remedial program (program eligible);
    2. it is a reasonable cost as determined by the State (cost eligible);
    3. it is properly documented; and
    4. it conforms to Title 3 cost and procurement guidance and procedures.

    Costs are subject to audit by the State Comptroller.

    Municipalities eligible for EQBA Title 3 assistance will be reimbursed for 75% of the total of all eligible costs within the limits of funds available for this purpose.

  2. Purpose

    The purpose of this memorandum is to ensure rational and consistent decision making in determination of eligible costs on EQBA Title 3 remedial projects.

  3. Determination

    The State's project manager is responsible for working with a municipality to ensure the development of acceptable work plans and the proper conduct of remedial work. In this capacity the project manager, in consultation with the DHWR Contract Development Section and the appropriate Section Chief, periodically determines the eligibility of costs being incurred for reimbursement under the EQBA Title 3 Program.

    All determinations are to be reviewed by the appropriate Section Chief prior to written transmittal to a municipality by the Project Manager. The Section Chief will verify that determinations made are consistent with:

    1. the intent of the EQBA Title 3 provisions;
    2. other determinations made to date; and
    3. the EQBA Title 3 Handbook "Procedures for Determining Eligibility" under Title 3 of the Environmental Quality Bond Act.

    All determinations are to be made within 30 days after receipt of the appropriate information from a municipality.

  4. Guidelines

    The guidelines to be followed in determining eligibility are set forth in the "Procedures for Determining Eligibility" under Title 3 of the Environmental Quality Bond Act.

  5. Issuance of New Guidelines

    A NYSDEC project manager, in consultation with the appropriate Section Chief, will propose an addition to the "Title 3 Guidelines" when questions of eligibility arise which are not covered by the "Procedures for Determining Eligibility" under Title 3 of the Environmental Quality Bond Act.

    Approval of a guideline addition will require the signature of:

    1. The appropriate Section Chief or Regional Hazardous Waste Remediation Engineer;
    2. The appropriate Bureau Director;
    3. The Assistant Director of the Division of Hazardous Waste Remediation.

    In that order.

    Prior to approval by the Assistant Director, the proposed guideline must be reviewed by:

    1. DHWR Contract Development Section for consistency with the State and Federal Superfund Program;
    2. DEE Program Attorney to ensure that no legal conflicts exist (program and case attorneys may need to discuss specifics).

    The Program Attorney will sign off on the file copy of the guidelines.

    Upon resolution of conflicting comments by the issuing project manager or appropriate Section Chief and signature by the Assistant Director, the finalized guideline will be transmitted to the Special Projects Section for inclusion in the "Title 3 Guidelines."

    Since the need for new eligibility decisions will arise in the course of a project, prompt decisions are needed (within 20 days of the initial request by the Project Manager) in order that remedial efforts are not delayed by lengthy review of new guidelines.

  6. Format for New Guidelines

    Proposed addition to "Guidelines for Determination of Eligibility under the EQBA Title 3" provisions.

    Proposed by: ________________________ Date: _____________

    Project Manager

    Approved by: ________________________ Date: _____________

    Section Supervisor

    ________________________ Date: _____________

    Bureau Director

    ________________________ Date: _____________

    DHWR-Assistant Director





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