2012-09-06_REVISION - M2008070 (23)

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• sites, pursuant to § 25- 16- 104.5(2)(a.5), C.R.S. The following provisions set forth the reporting requirements, allowable expenses, and other aspects of fee collection and retention or use under this citation. 1. A jurisdiction must obtain approval from the Department to use or retain for future use, fees as provided in statute. The jurisdiction shall submit a written request including the name of the site, what response activities are to be taken, the requirement for taking such action (e.g., a Record of Decision, Consent Decree or an Order), and estimates of how much money will be expended and over what period of time. The information provided must demonstrate compliance with the provisions of § 25 -16- 104.5, C.R.S. and these regulations, which shall be the • criteria for approval or disapproval by the Department. The Department will use its best efforts to complete its review of such requests within 30 days. 2. A jurisdiction may retain fees pending the Department's decision and any appeal thereof; however, the jurisdiction may not expend such fees until approval is granted by the Department. The Department shall provide a jurisdiction with a written statement of reasons for any disapproval or partial disapproval. A jurisdiction may appeal the Department's determination in accordance with the Colorado Administrative Procedures Act, Section 24 -4 -105 C.R.S. 3. A jurisdiction that expends fee monies on designated sites listed on the NPL shall be subject to quarterly reporting requirements. The jurisdiction shall report to the Department all fee monies collected, monies remitted to the solid waste management fund, and monies expended pursuant to statute to fund response activities at NPL sites during the previous quarter. The jurisdiction shall further describe the expended funds on a site specific and activity specific basis, including the site name and the nature of the expenditure. If credits are requested against future expenditures as per paragraph 6 of this subsection, the jurisdiction shall specify the amount, site name and proposed activities. The jurisdiction shall also report the amount of interest or dividend gained on any retained fees and how it was retained, used or remitted on a site - specific basis. 4. A jurisdiction shall remit any fees and accrued interest not retained or used for allowable expenses as described herein to the Department on a quarterly basis. 5. If a jurisdiction has received settlement monies for response activities from other responsible parties, the jurisdiction must first use such settlement monies for those response activities before using retained fees. In order to obtain Department approval to retain and spend September 30, 2011 • 39.4