Section 734.610  Review of Applications for Payment

a)         At a minimum, the Agency must review each application for payment submitted pursuant to this Part to determine the following:

1)         Whether the application contains all of the elements and supporting documentation required by Section 734.605(b) of this Part;

2)         For costs incurred pursuant to Subpart B of this Part, other than free product removal activities conducted more than 45 days after confirmation of the presence of free product, whether the amounts sought are reasonable, and whether there is sufficient documentation to demonstrate that the work was completed in accordance with the requirements of this Part;

3)         For costs incurred pursuant to Subpart C of this Part and free product removal activities conducted more than 45 days after confirmation of the presence of free product, whether the amounts sought exceed the amounts approved in the corresponding budget, and whether there is sufficient documentation to demonstrate that the work was completed in accordance with the requirements of this Part and a plan approved by the Agency; and

4)         Whether the amounts sought are eligible for payment.

b)         When conducting a review of any application for payment, the Agency may require the owner or operator to submit a full accounting supporting all claims as provided in subsection (c) of this Section.

c)         The Agency's review may include a review of any or all elements and supporting documentation relied upon by the owner or operator in developing the application for payment, including but not limited to a review of invoices or receipts supporting all claims.  The review also may include the review of any plans, budgets, or reports previously submitted for the site to ensure that the application for payment is consistent with work proposed and actually performed in conjunction with the site.

d)         Following a review, the Agency has the authority to approve, deny or require modification of applications for payment or portions thereof.  The Agency must notify the owner or operator in writing of its final action on any such application for payment.  Except as provided in subsection (e) of this Section, if the Agency fails to notify the owner or operator of its final action on an application for payment within 120 days after the receipt of a complete application for payment, the owner or operator may deem the application for payment approved by operation of law.  If the Agency denies payment for an application for payment or for a portion thereof or requires modification, the written notification must contain the following information, as applicable:

1)         An explanation of the specific type of information, if any, that the Agency needs to complete the review;

2)         An explanation of the Sections of the Act or regulations that may be violated if the application for payment is approved; and

3)         A statement of specific reasons why the cited Sections of the Act or regulations may be violated if the application for payment is approved.

e)         An owner or operator may waive the right to a final decision within 120 days after the submittal of a complete application for payment by submitting written notice to the Agency prior to the applicable deadline.  Any waiver must be for a minimum of 30 days.

f)         The Agency must mail notices of final action on applications for payment by registered or certified mail, post marked with a date stamp and with return receipt requested.  Final action must be deemed to have taken place on the post marked date that such notice is mailed.  The Agency must mail notices of final action on applications for payment, and direct the Comptroller to mail payments to the owner or operator, at the address designated for receipt of payment in the application for payment or on a change of address form, provided by the Agency, submitted subsequent to submittal of the application for payment.

g)         Any action by the Agency to deny payment for an application for payment or portion thereof or to require modification must be subject to appeal to the Board within 35 days after the Agency's final action in the manner provided for the review of permit decisions in Section 40 of the Act.