ARM 17.55.115. ORPHAN SHARE REIMBURSEMENT

(1) For a facility with an approved stipulated agreement under 75-10-750, MCA, the lead liable person under 75-10-746, MCA, may submit a claim to the department for reimbursement of the orphan's share of incurred costs as follows: (a) report preparation costs after the lead liable person completes the final report that evaluates the nature and extent of contamination at the facility and the department approves that report; (b) report preparation costs after the lead liable person completes the final report that identifies and evaluates the remedial alternatives at a facility and the department approves that report; and (c) costs associated with completion of the department-approved remedial action plan for the facility after the lead liable person completes the remedial action plan and the department approves that completion. (2) Reimbursement under (1) is limited to the eligible costs incurred by the lead liable person as provided in 75-10-743(5), MCA. Reimbursement under these subsections must also comply with the other provisions of 75-10-743, MCA. (3) If the department determines the lead liable person is eligible for hardship reimbursement under 75-10-743(7), MCA, the department may reimburse the lead liable person for the orphan's share of remedial action costs on an ongoing basis. The department shall, at a minimum, hold back the orphan's share of remedial action costs incurred before the date of the hardship determination to ensure all required remedial actions are completed.