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r '1 RESPONSIBLE PARTY CLEANUP WITHOUT DEQ OVERSIGHT - WE EVENTUALLY GET TO YOU You are required to proceed with site investigation/cleanup and comply with all regulatory requirements, (including all reporting requirements and payment of any oversight costs), even if you don't sign up for DEQ priority review. You must also cazefully weigh the fact that over time DEQ requirements may change, so waiting for your site to work up DEQ's priority list does carry some risk. To minimize this risk, you should carefully follow a11 DEQ guidance associated with the UST Cleanup Rules. Eventually, your site will work it's way up our priority list and we will get to it. We expect that if a competent service provider or consultant cazefully follows the rules and the guidance, there should be no unexpected surprises when your site comes up for DEQ review. The following are some questions we are frequently asked: WHAT IS COST RECOVERY? Oregon law (OiZS 465.330) requires DEQ to recover all reasonable costs associated with the investigation and cleanup of contaminated sites from the responsible party(s). A responsible party is usually the owner or operator of the facility or property. However, under certain situations, previous owners or operators or anyone who by his or her acts or omissions causes, contributes to or worsens the contamination may be considered a responsible party. If this situation applies to you, you may wish to seek legal counsel. WHAT DEQ COSTS WILL BE ASSESSED? DEQ oversight costs include both direct and indirect costs. Direct costs include DEQ staff time (such as reviewing reports, preparing correspondence, technical assistance, site inspections, enforcement actions, etc.), sample analysis (if we need to collect samples for compliance purposes) and other costs specific to your cleanup project. Direct costs may also include the cost of DEQ using its contractor to respond to an emergency or to investigate and clean up when the responsible party is unwilling. Indirect costs are those general management and support costs of DEQ and the Waste Management & Cleanup Division (WMC) and are applied as a percentage of the direct personal services. An average range for an hourly rate is roughly between $50.00 and $70.00. The number of hours is multiplied by the hourly rate and this becomes the Personal Services amount. The Personal Services amount is then multiplied by .219 for the DEQ Indirect Costs. For WMC Indirect Costs, the Personal Services amount is multiplied by .98. WHEN WTLL I BE IN VOICED? Invoices are generally sent about the third week of the month, after any time has accrued for the previous month. Payment is expected within thirty (30) days of receipt. For sites with a signed agreement, or high priority sites that have been working cooperatively with DEQ, DEQ provides a"no further action" letter when it is demonstrated that the cleanup requirements have been met and all outstanding invoices have been paid. If you have a property transaction pending with a specific closing date, it may be possible to receive an estimate of your final billing amount in order to expedite closure of your site. An estimate is generally somewhat higher than what actual charges may be; refunds are issued within 45-60 days. If you have any questions concerning the cost recovery process or your invoice, please feel free to contact our Waste Management & Cleanup staff at (503) 229-6635. Should you have any questions regazding the specifics of the investigation or cleanup activities at your site, please contact the appropriate regional of~ice. In both cases, please refer to the site with the DEQ USTC number (USTC number is located on the invoice and on all correspondence to you) and the site name. DEQ - UST Cleanup Program: Cost Recovery Process, May, 1995