Article 5, Part 9

5-9-1  UNALLOWABLE COSTS

The following costs are not allowable for reimbursement:

(1)  Bodily/personal injury or property damage in excess of actual, necessary and verifiable costs

(2)  Costs otherwise insured

(3)  Governmental, civil or criminal fines or penalties

(4)  Punitive damages, exemplary damages, multiple compensatory damages, administrative or criminal fines, or penalties imposed upon the applicant

(5)  Costs considered to be part of the corrective action process, including temporary provision of potable drinking water supply for domestic consumption and off-site rents for placement and/or operation of remediation equipment or recovery wells

(6)  Costs for subjective or non-physically manifested damage components and indirect or intangible damages, including, but not limited to: pain and suffering, mental distress, loss of consortium and/or services, psychological injuries, hedonic damages, inconvenience, fear of future harm or illness, stress of anticipated or actual harm or illness, medical monitoring in the absence of actual harm or illness, loss of goodwill

(7)  Property taxes at impacted structure

(8)  Long-distance telephone charges

(9)  The following relocation costs:

(a)  Refundable deposits
(b)  Fees for cable television or internet access
(c)  Homeowner’s or renter’s insurance for the impacted structure

(10)  Damages caused by third party’s failure to mitigate, including, but not limited to, failure to provide site access for corrective action

(11)  Actual, perceived or anticipated diminution of property value for impacted property that has been remediated pursuant to the requirements of the OPS

(12)  Attorneys fees, expert witness fees, and other legal costs

(13)  Interest

(14)   Future lost earnings caused by bodily/personal injury or death

(15)  Third party’s consultant or other representative oversight costs not necessary to the corrective action process

(16)  Any obligation for which the applicant can be held liable under workers compensation, unemployment compensation, disability benefits, or similar law protecting applicant’s employees

(17)  Any liability assumed by the applicant under any contract or agreement, if the liability would not exist without the contract or agreement

(18)   At the Committee’s sole discretion, claims for reimbursement relating to a tank owned or operated by a person who has been convicted of a violation of any law or rule that relates to the installation, operation, or management of petroleum storage tanks

(19)   At the Committee’s sole discretion, corrective action costs resulting from negligence or misconduct on the part of the applicant or the third party

(20)   Costs of making improvements to the impacted property beyond those required to restore it to its pre-impact condition

(21)   Costs, including those associated with contamination assessment performed for any purpose, where no petroleum corrective action is required by the OPS

(22)   Costs of corrective action taken in response to the release of an ineligible substance

(23)   Any costs identified as unallowable or ineligible for reimbursement in Colorado law, OPS regulation or Committee policy

(24)   Costs in excess of those considered reasonable by the Committee