Privacy Statement

PROPERLY & FULLY COMPLETED APPLICATION

Colorado statute, at 8-20.5-104(4)(h) CRS, states: [I]nterest shall accrue on the amount approved for payment... for each day a properly and fully completed application is not processed in a timely manner.

A properly and fully completed application is one that can be processed through payment.  The following must be submitted before any application received by the Division of Oil and Public Safety of the Colorado Department of Labor and Employment (OPS) will be considered properly and fully completed:

1.  Application for reimbursement - Reimbursement Application (Original or Supplemental) must be completed in its entirety, and signed by the applicant.  Two copies of the entire application are required – one copy must have original signatures.

The applications and necessary forms including the check list, tank addendum, listing of costs, MHN form and proof of payment affidavits can be found on the OPS web page (http://oil.cdle.state.co.us – under Fund Section, Fund Forms).  Both the original and supplemental application forms are available in either Word or Excel format. 

2.  Signature page - a properly completed signature page, one with an original, attested (if necessary) signature.  The application form supplied by OPS shall be used.  Any changes to the standard language will require approval by the Colorado Attorney General and State Controller.  Because this will delay OPS' ability to issue reimbursement, the statutory time frames will no longer apply.

3.  Application Check List – Included with both the original and supplemental applications.  These check lists are intended to prompt the applicant as to the necessary information to submit with the application.  The original application check list is more extensive with detail about the release detection methods applicable to the petroleum storage system.

4.  Tank Addendum - Required for tank owners/operators only.  Completed tank addendum must accompany each original application.  The information on the tank addendum must match the information on the check list.  No addendum is required for supplemental applications.

5.  Release detection records as described on the check list - Tank owners/operators only.  Submit records covering a period six months prior to release or discovery of contamination.  If a tank was emptied prior to the release discovery, records are required for the period 6 month prior to the tank being emptied.  Results documenting annual required tank, piping, and leak detector integrity tests should also be submitted.  These annual tests should cover a period of 24-months prior to the release discovery to document annual testing was being performed.

6.  Listing of Costs – The Listing of Costs lists each invoice submitted with the application.  The Listing of Costs must be in order by date of work performed with the earliest date listed first.

7.  Primary invoices - Supporting all costs claimed for reimbursement on the listing of costs.  Two copies are required.   For all work done July 1, 1997 forward, primary invoices must conform to the requirements established by Colorado’s Reasonable Cost Guidelines, Article 3.  All invoices must be coded with the appropriate Phase of Work Code (PWC), Activity Code (AC) and Task and Labor Code (TLC) for each requested cost, regardless of the dates of work.

8.  Subcontractor invoices - Two copies are required. For work done July 1, 1997 forward:  Subcontractor invoices are required for each primary invoice line item over $1,000.  Laboratory invoices, transportation and waste manifests are required regardless of the dollar amount. Also required are on-site utility bills and hotel receipts for overnight stays.  For work done before July 1, 1997: Subcontractor invoices are required for any primary invoice line item over $5,000.  This applies to all applications received on/after January 1, 1994.  No subcontractor invoices are required for claims received before January 1, 1994.  [Note:  Applicants may be required to produce any subcontractor invoice passed through on the primary invoice, regardless of the amount, if requested by OPS pursuant to its audit and inspection rights for three years after reimbursement.]

9.  eRAPs – If the application is for costs incurred under an approved Corrective Action Plan (CAP) and Economic Feasibility Summary (EFS), an electronic reimbursement application (eRAP) must also be submitted.  eRAPs should be submitted electronically in Excel format to the OPS eRAP mailbox (efs.fundapplications@state.co.us).

10.  Proof of payment - Pursuant to regulations.  Two copies are required.  Note: If a canceled check is used as proof of payment, the back of the check is not required if the front has the bank-encoded dollar amount.  If a money order is used as proof of payment, an affidavit of payment is required from the payee.  If a promissory agreement is used as proof of payment, a copy of the agreement is required.

11.  Form MHN - For original applications only – Two copies are required for each application seeking reimbursement for work performed by a company that is registered with Colorado's listed consultant registration program. 

12.  Technical reports - To support activities for which reimbursement is claimed.  If technical reports were submitted before the application was submitted, these reports and the dates submitted should be identified on the application.  Additional copies are not required unless requested by OPS.

13.  Additional proof of compliance with statutory and regulatory requirements - As identified and requested by OPS, primarily with respect to affidavits and other documentation to support requests for eligibility as a person who bears no responsibility for the release.

14.  The applicant's name as identified on the first page of the application - "Applicant's Full Legal Name" should match the "Legal Name of Applicant" on the signature page.  The “Legal Name of Applicant” should match the “Legal Name”, including “Trade Name”, if applicable, on file with the Colorado Secretary of State; and/or Internal Revenue Service form W-9 or current substitute W-9 on file with OPS.  The signatory must be either the applicant (if a sole proprietor or individual) or an authorized representative of the applicant if an entity (such as a corporation or partnership).  In addition, the person or entity that was invoiced (primary invoices) and the person or entity that paid the invoices must match, and also match the name of the applicant.  If not, a satisfactory written explanation may be required.

15.   A Request to Transfer Fund Eligibility affidavit (Word / PDF) must be used whenever a person or entity who has established Fund eligibility wishes to sell the site before remediation is complete and transfer that eligibility to the buyer.  Two copies of the form, one with original signatures, must be submitted with the application. Include supporting documentation that in most cases includes a copy of the registered deed. Any penalty reductions imposed for regulatory non-compliance on the original applicant will transfer and apply to any subsequent buyer(s) with respect to all remediation activities conducted through closure.