2012-09-06_REVISION - M2008070 (23)

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• retained fees on NPL sites where such settlement monies have been received, the jurisdiction must submit information on the settlement to the Department, with an accounting of these monies to show that they have been expended. 6. Only the costs of response activities at sites on the NPL where the local jurisdiction is required to perform such activities as a consequence of being a potentially responsible party (as defined by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the National Contingency Plan) or as a result of a Record of Decision, Order, Consent Decree, Consent Agreement, or other agreement between the local jurisdiction and the • U.S. Environmental Protection Agency, qualify for retention and expenditure of collected fees. Allowable expenses include, but are not limited to: the costs of producing required documents such as Remedial Investigations, Feasibility Studies, Records of Decision, and Remedial Designs; the cost of constructing remedial or removal actions; and legal costs associated with the negotiation of orders with the U.S. Environmental Protection Agency. Allowable expenses do not include, without limitation: certain litigation costs, including cost recovery; costs incurred as a regulatory oversight agency that are not required by the U.S. Environmental Protection Agency; additional actions taken at the discretion of the jurisdiction that are not required by the U.S. Environmental Protection Agency; and costs associated with sites that are not on the NPL. 7. Upon approval from the Department, a jurisdiction may be credited fees for future allowable expenses, if it can be shown that the expenditure and remittance of fees as described above will not cover the estimated allowable expenses. This need must be demonstrated by showing projected allowable expenditures against expected revenues from retained fees. The approval of the Department will be based on compliance with § 25 -16- 104.5, C.R.S. and these regulations regarding allowable expenses. In addition, the Department may consider other factors such as the time period of retention, in assessing such a request. D. Audit: The Department may audit a facility in order to ascertain whether or not the facility is in compliance with these regulations and the governing statute. 1. An operator of a solid waste disposal facility shall retain all records regarding the collection and remittance of solid waste user fees for a period of three years. December 30, 2010 • 39.5