How Do I Get Reimbursed?

There are two types of applications used to request reimbursement from the Fund - the Original application and the Supplemental application. The Original application is the initial application used to establish Fund eligibility. Once eligibility has been established and the site has been approved by the Petroleum Storage Tank Committee, Supplemental applications are then submitted as necessary until the cleanup is complete.

Fund Process Flowchart

Click on the image below to see an overview of the Fund Application process.

Frequently Asked Questions

If the entity name, tax identification number, address or remit address changes from what was submitted on the Original application or the last time the tax information was submitted to OPS, a new W-9 and IRS documentation are needed. Any time a W-9 or other IRS documentation is submitted to OPS, it must be dated no older than 6 months before the time of submittal.

Only allowable costs (costs incurred to clean up petroleum contamination) can be reimbursed. If there is no petroleum contamination, or if contamination levels are below established cleanup levels, no costs are allowable. The only exception is for investigation of suspected releases. If petroleum contamination levels only slightly exceed established clean-up levels, work with OPS Remediation Section Staff to make sure remediation is necessary before incurring costs.

Other reimbursement considerations are listed below.

  • Tank removal and disposal costs are not allowable, and if requested for reimbursement, they are subject to a 100% penalty (unallowed costs will be doubled).
  • For tank owners/operators, remediation costs pertaining to tanks permanently closed (whether removed or closed in place) before December 22, 1988, are not allowable.

For a complete list of allowable and not allowed costs see Article 8, Sections 8-3 and 8-4 of the Colorado Petroleum Storage Tank Regulations.

If you dispute the amount you have been reimbursed, you may file a protest. The protest must be submitted within 60 calendar days of the date of the Fund Payment Report.

Depending on an applicant’s eligibility category, additional affidavits may be required. The most common affidavit is the Affidavit for Equipment or Materials Costing $10,000 or Over and is required for all equipment or materials installed or used on-site costing $10,000 or more, but is not needed for drilling or disposal costs.

All of the affidavits are available on the Fund Forms page. If you have questions about which affidavits you need to complete, please contact the Fund Section.

Yes. If a person who has established Fund eligibility wishes to sell the site before the remediation is complete, the person may request to transfer his or her eligibility to the buyer, who would then be required to continue the cleanup. Any penalty reductions imposed on the original applicant for regulatory non-compliance will transfer and apply to any subsequent buyers with respect to all remediation activities conducted through site closure.

Although an applicant can prepare the application themselves, most applicants use the services of their environmental consultant or representative for application preparation. Recognized Environmental Professionals are familiar with the reimbursement process and preparation of properly completed applications. Additionally, OPS Fund and Remediation staff members are always available to guide an applicant through the reimbursement process and answer any questions.

Original Application

The Original Application form, which is in Excel format, contains detailed instructions for completion.

The Original application is used to establish eligibility, so it is important to submit the application with the correct eligibility category. The majority of applicants to the Fund are in the tank owner/operator category. Selection of the proper Non-responsible party category may be more difficult. Please contact the Fund Section if you need direction with regard to choosing the proper eligibility category.

Please note that the final eligibility category is determined by the Petroleum Storage Tank Committee and may differ from the category that the applicant requested on the Original application.

Submitting Costs with an Original Application

When submitting costs with any Original Application (whether you're a Responsible tank owner/operator or a Non-responsible party), the following supporting documentation is required.

  • Listing of Costs (part of Original Application)
  • All invoices and backup documentation that are requested for reimbursement on the Listing of Costs
  • Affidavit: Proof of Payment
  • Other affidavits as appropriate

Submitting Insurance and IRS Documentation with an Original Application

The following documents are required.

Tips for Completing the Original Application

  • Ensure all names and titles follow the signature requirements.
  • Submit the application in the correct order.
  • Ensure the required file naming convention is followed.
  • Submit all required documentation.
  • Submit a complete and correct eRAP.

Original Application Example

What Happens Next?

After the application has been received, the Fund Analyst, Technical Reviewer and Compliance Reviewer will examine the application and supporting documentation. If documentation is missing or submitted incorrectly, the Fund Analyst will issue a deficiency letter called a RAP Deficiency Review that lists the reasons why the application cannot continue to be processed. The 90-day processing clock stops when a deficiency is issued.

Once the deficiency has been satisfied, the application is placed back in the Fund Analyst’s queue and the 90-day processing clock is restarted from the beginning. The application review is then completed and any recommended percent reductions for non-compliance are identified on the ESS (Event Summary Sheet). The Fund Analyst then schedules the application to be heard before the PSTC (Petroleum Storage Tank Committee). Once scheduled, the PSTC Organizer will notify the applicant and consultant that the application has been scheduled for PSTC review. The applicant and consultant will receive a copy of the ESS via email for review at this time.

At their monthly meeting, the PSTC makes the decision whether to approve the applicant’s eligibility and impose any percent reductions for non-compliance. If percent reductions for non-compliance are imposed at the time that the PSTC approves the Original application, these percent reductions will apply to all future reimbursement applications for that event. The PSTC authorizes payment by issuing a Fund Payment Report with payment issued within 30 days from the PSTC meeting date.

Supplemental Application

The Supplemental Application form, which is also in Excel format, contains detailed instructions for completion.

Plants and coins

Tips for Completing the Supplemental Application

  • Ensure all names and titles follow the signature requirements.
  • Submit the application in the correct order.
  • Ensure the required file naming convention is followed.
  • Submit all required documentation.
  • Submit a complete and correct eRAP.

Supplemental Application Example

What Happens Next?

The application review is completed and a Fund Payment Report is issued with payment issued within 30 days from the date of the Fund Payment Report. If documentation is missing or submitted incorrectly, the Fund Analyst will issue a deficiency letter called a RAP Deficiency Review that lists the reasons why the application cannot continue to be processed and the 90-day processing clock stops. Once the deficiency has been satisfied, the application is placed back in the Fund Analyst’s queue and the 90-day processing clock is restarted from the beginning.