§334.40. Reimbursement of Fees from the By-Product Material Safety Fund

a)         An owner or operator who incurs costs in connection with the decontamination or decommissioning of the storage or disposal facility or other properties contaminated with by-product material is entitled to have those costs promptly reimbursed from the Fund.

 

b)         An owner or operator of a facility shall submit a request for reimbursement to the Director subject to audit by the Director.

 

c)         The Director shall, upon receipt of a request, give written notice approving or disapproving each of the owner or operator's request for reimbursement within 60 days.

 

d)         The Director shall approve requests for reimbursement unless:

 

1)         The Director finds that the amount is excessive, erroneous, or otherwise inconsistent with subsection (b) above; or

 

2)         The Director finds that the amount is inconsistent with any license or license amendments issued in connection with that owner or operator's decontamination or decommissioning plan.

 

e)         Upon approval of a reimbursement request, the Director shall prepare and certify to the Comptroller the disbursement of the approved sums from the Fund to the owners or operators.

 

f)         If the Director disapproves a reimbursement request, the Director shall inform the owner or operator, in writing, the reasons for disapproval.

 

g)         The owner or operator may resubmit to the Department a disapproved reimbursement request with additional information to respond to the reasons for disapproval and for further consideration by the Director.

 

h)         Disapproval of a reimbursement request shall constitute final action for purposes of the Administrative Review Law unless the owner or operator resubmits the denied request within 35 days after receipt of denial.