Minnesota Administrative Code

2890.1100 REASONABLENESS OF WORK PERFORMED FOR EACH STEP OF SERVICES. Subpart 1. Generally. Costs incurred for work not covered by this part are prima facie unreasonable. Subp. 2. Limited site investigation or full remedial investigation. Costs incurred for a limited site investi…

2890.1150 MAXIMUM COSTS FOR CONSULTANT SERVICES. Costs for consultant services are prima facie unreasonable when they do not meet the standards and requirements in parts 2890.1000 to 2890.2200. Statutory Authority: MS s 115C.07 History: 28 SR 383 Published Electronically: Septemb…

2890.1300 MAXIMUM PRELIMINARY LABOR CHARGES. Subpart 1. General. When a task listed in this part is performed during the limited site investigation or full remedial investigation step of services or as part of excavation and soil disposal oversight before the investigation, the c…

2890.1350 ALTERNATIVE TECHNOLOGIES. In determining the reasonableness of a cost for a consultant services task or item that is: A. not an emergency response task; B. not listed in part 2890.1300, 2890.1500, or 2890.1600; and C. performed during the limited site investigation or f…

2890.1400 MAXIMUM HOURLY RATES. A. After the applicant has accepted a consultant's first written proposal for consultant services at the applicant's site, hourly rate charges for subsequent services performed at the leak site by that consultant that exceed the hourly rates listed…

2890.1500 MAXIMUM TRAVEL AND PER DIEM CHARGES. The cost for an item listed in this subpart is prima facie unreasonable when it exceeds the amount specified for it in the proposal for consultant services or the specified maximum cost, whichever is less. A. Travel time has a maximu…

2890.1600 MAXIMUM EQUIPMENT AND FIELD SUPPLIES CHARGES. Equipment and field supplies have a maximum cost of the following: A. for a disposable item, the cost to buy the item; or B. for a reusable item, the cost to buy the item or to rent it for the amount of time necessary to tra…

2890.1700 MAXIMUM LABOR CHARGES FOR WORK PERFORMED DURING ACTIVE REMEDIATION STEPS OF SERVICES. For a task performed during active remediation-initial field testing; active remediation-data evaluation/site-specific system design; active remediation-system installation, start-up, …

2890.1800 EMERGENCY RESPONSE COSTS. A cost for an emergency response task performed after January 31, 2003, that exceeds the amount specified for it in the Minnesota Department of Administration's "Hazardous Spill and Substance Release - Full Service Emergency Response" contract …

2890.1850 COSTS FOR REQUIRED PERMITS. A cost for a permit required for the performance of a consultant services task is prima facie unreasonable when it exceeds the actual cost of the permit. Statutory Authority: MS s 115C.07 History: 28 SR 383 Published Electronically: September…

2890.1900 ADJUSTMENT OF DOLLAR AMOUNTS. A. The dollar amounts in parts 2890.1300 to 2890.1600 must be adjusted periodically, as provided in this part, according to and to the extent of changes in the implicit price deflator for the gross domestic product, 1996 = 100, compiled by …

2890.2000 COMPETITIVE BIDDING REQUIREMENTS FOR CONSULTANT SERVICES PROPOSALS. Subpart 1. Generally; dollar cost bidding. The applicant must get written competitive proposals for consultant services according to this part. Items on the consultant proposal must be bid by dollar amo…

2890.2100 DEVIATIONS FROM PROPOSED TASKS OR MAXIMUM COSTS FOR CONSULTANT SERVICES. Subpart 1. Deviations from proposed tasks or maximum costs after proposal approved by applicant. A. Costs for tasks performed that are different than or in addition to the tasks specified in a prop…

2890.2200 ACTUAL CONSULTANT SERVICES COSTS. Notwithstanding parts 2890.1000 to 2890.2100, the board must not reimburse applicants for a cost for a consultant services task that exceeds the cost for the actual hours spent by the consultant performing that task plus reasonable cost…

2890.2300 MAXIMUM COSTS FOR CONTRACTOR SERVICES. Costs for contractor services are prima facie unreasonable when they do not meet the standards and requirements in parts 2890.2400 to 2890.4300. Statutory Authority: MS s 115C.07 History: 28 SR 383 Published Electronically: Septemb…

2890.2400 MAXIMUM COSTS IN "MEANS" BOOK. Costs that exceed the amount specified in the bid for contractor services or the amount stated in the most recent edition of "Means Heavy Construction Cost Data," as of the date the task was started, whichever is less, for mobilization/dem…

2890.2500 MAXIMUM COSTS FOR SYSTEM INSTALLATION. System installation costs are prima facie unreasonable: A. when they exceed the amount specified for them in the consultant services proposal approved by the board's staff under part 2890.2000, subpart 5; or B. when the consultant …

2890.2600 MAXIMUM COSTS FOR MOBILIZATION/DEMOBILIZATION (HEAVY EQUIPMENT), SAW-CUTTING, SOIL DISPOSAL, SURFACE REMOVAL, AND SURFACE REPLACEMENT. For a task listed in this part, the cost is prima facie unreasonable when it exceeds the amount specified for it in the bid for contrac…

2890.2700 MAXIMUM ANALYTICAL CHARGES. For a task listed in parts 2890.2800 to 2890.3000, the cost is prima facie unreasonable when it exceeds the lowest of the following: the amount specified for it in the bid for contractor services; the amount specified for it in the consultant…

2890.2800 AIR SAMPLE ANALYSIS. Air sample analysis: BTEX-air has a maximum cost of $146 per analysis. Statutory Authority: MS s 115C.07 History: 28 SR 383; L 2010 c 241 s 4; MS s 115C.07 subd 3 paragraph (f) Published Electronically: December 20, 2022

2890.2900 GROUNDWATER SAMPLE ANALYSIS. Groundwater sample analysis: A. BTEX/MTBE-water has a maximum cost of $64 per analysis; B. dissolved oxygen-water has a maximum cost of $15 per analysis; C. DRO-water, solvent extraction, direct injection, gas chromatography, has a maximum c…

2890.3000 SOIL SAMPLE ANALYSIS. A. BTEX/MTBE-soil has a maximum cost of $64 per analysis; B. DRO-soil has a maximum cost of $81 per analysis; C. GDPH-soil has a maximum cost of $242 per analysis; D. grain size analysis has a maximum cost of $242 per analysis when a hydrometer is …

2890.3100 MAXIMUM DRILLING CHARGES, DIRECT PUSH TECHNOLOGY. For a task listed in this part, the cost is prima facie unreasonable when it exceeds the lowest of the following: the amount specified for it in the bid for contractor services; the amount specified for it in the consult…

2890.3200 MAXIMUM DRILLING CHARGES, OTHER TECHNOLOGIES. For a task listed in parts 2890.3300 to 2890.3700, the cost is prima facie unreasonable when it exceeds the lowest of the following: the amount specified for it in the bid for contractor services; the amount specified for it…

2890.3300 SOIL BORING ADVANCEMENT. Subpart 1. General. Costs for soil boring advancement are as described in this part. Subp. 2. Hollow-stem auger. Hollow-stem auger drilling in sand, silt, or clay, with continuous sampling. Items A to D list the depth of the boring and the maxim…

2890.3400 ABOVEGROUND WELL INSTALLATION. Subpart 1. General. Costs for well installation of an above-grade well are as described in this part. Subp. 2. Hollow-stem auger. Hollow-stem auger in sand, silt, or clay, with continuous sampling: A. subitems (1) and (2) list the depth of…

2890.3500 AT-GRADE WELL INSTALLATION. Subpart 1. General. Costs for well installation of an at-grade well are as described in this part. Subp. 2. Hollow-stem auger. Hollow-stem auger in sand, silt, or clay, with continuous sampling: A. subitems (1) and (2) list the depth of the w…

2890.3600 SOIL BORING AND MONITORING WELL SEALING. The following tasks have a maximum cost as listed in items A to E when the wells to be sealed are located in sand, silt, or clay: A. soil boring sealing, $6 per foot; B. two-inch well sealing, $15 per foot; C. four-inch well seal…

2890.3700 DRILLING MOBILIZATION/DEMOBILIZATION AND DRILL CREW PER DIEM FOR TECHNOLOGIES OTHER THAN DIRECT PUSH. The following tasks have a maximum cost as listed in items A to D when one of these technologies is used: hollow-stem auger, mud or air rotary, air coring, or rotosonic…

2890.3800 MAXIMUM COSTS FOR OTHER CONTRACTOR SERVICES. For the following tasks, the cost is prima facie unreasonable when it exceeds the amount specified for it in the bid for contractor services or the maximum cost specified when the task was started, whichever is less: A. clean…

2890.3850 COSTS FOR REQUIRED PERMITS. A cost for a permit required for the performance of a contractor services task is prima facie unreasonable when it exceeds the actual cost of the permit. Statutory Authority: MS s 115C.07 History: 28 SR 383 Published Electronically: September…

2890.3900 ADJUSTMENT OF DOLLAR AMOUNTS. A. The dollar amounts in parts 2890.2600, 2890.2800 to 2890.3100, and 2890.3300 to 2890.3800 must be adjusted periodically, as provided in this part, according to and to the extent of changes in the implicit price deflator for the gross dom…

2890.4000 COMPETITIVE BIDDING REQUIREMENTS FOR CONTRACTOR SERVICES. Subpart 1. Generally; competitive bidding required. The applicant must get, publicly or privately, a minimum of two written competitive bids for each contractor service before incurring costs for that contractor …

2890.4100 DEVIATIONS FROM MAXIMUM COSTS FOR CONTRACTOR SERVICES. Subpart 1. Bids over maximum costs owing to unavailability of contractors. A cost for a contractor task that exceeds the maximum cost specified for that task in parts 2890.2400 to 2890.3850 is not prima facie unreas…

2890.4200 ACTUAL CONTRACTOR SERVICES COSTS. Notwithstanding parts 2890.2400 to 2890.4100, the board must not reimburse applicants for a cost for a contractor services task that exceeds the cost for the actual hours spent by the contractor performing that task when contractor serv…

2890.4300 WRITTEN INVOICE REQUIREMENTS FOR CONTRACTOR SERVICES. Costs incurred for contractor services that are not billed to the applicant on an invoice form prescribed by the board are prima facie unreasonable. The invoice form prescribed by the board must be consistent with th…

2890.4400 APPLICATION PROCESS. Subpart 1. Applications. An applicant must complete, sign, and submit to the board a written application. The application must be made on a form prescribed by the board and must contain at least the following: A. the legal name of the person making …

2890.4500 REVIEW AND DETERMINATION. Subpart 1. Review. The board's staff must review applications. When the staff finds that the application is incomplete or otherwise deficient, the staff must promptly advise the applicant of the incompleteness or deficiency. Further processing …

2890.4600 RIGHT TO APPEAL. Subpart 1. Appeal from determination of commissioner of commerce. An applicant for reimbursement may appeal to the board a reimbursement determination made by the commissioner of commerce under authority delegated by the board according to Minnesota Sta…

2890.4700 FUNDING OF MPCA ACTIONS. In accordance with Minnesota Statutes, section 115C.10, subdivision 1, paragraph (a), the agency may apply to the board for money to pay for actions taken under Minnesota Statutes, section 115C.03, if all other state and federal funds appropriat…

2890.4800 ACTION ON NOTICE OF LIEN FILING. In accordance with Minnesota Statutes, section 514.673, the commissioner must send written notice of intent to file an environmental lien notice to each board member. If a regular meeting of the board is to be held within 30 days of rece…

2891.0020 RECORDS. For the purposes of this license, a licensee shall maintain records showing all plans, contracts, documents, records, receipts, and disbursements by a licensee of all the licensee's transactions as a contractor for a period of not less than three years after co…

2891.0040 FRAUDULENT, DECEPTIVE, OR DISHONEST PRACTICES. Subpart 1. Description. For the purposes of Minnesota Statutes, section 326B.84, subdivision 1, clause (2), the following acts and practices are considered fraudulent, deceptive, or dishonest practices: A. misrepresentation…

2891.0050 INCOMPETENT, UNTRUSTWORTHY, OR FINANCIALLY IRRESPONSIBLE PRACTICES. Subpart 1. Description. For the purposes of Minnesota Statutes, section 326B.84, subdivision 1, clause (6), the following acts and practices are considered incompetent, untrustworthy, or financially irr…

2900.0100 GENERAL PRINCIPLES FOR CONSTRUCTION OF NEW CORRECTIONS FACILITIES. Subpart 1. Application. All rules contained herein, except to the extent exceptions are stated, shall apply to each holding facility, lockup, jail, and adult corrections center. Subp. 2. Compliance with …

2900.0200 GENERAL CONDITIONS FOR DESIGN OF CORRECTIONS FACILITIES. Subpart 1. General. The design shall not cause conflicts in the necessary functions of activities. No activity shall be terminated or delayed by cause created because of another necessary activity. Subp. 2. Locati…

2900.0300 NEW CONSTRUCTION OF ADMINISTRATIVE AND PUBLIC AREAS. Subpart 1. General. Administrative, clerical, maintenance, and service personnel shall be provided with office and storage space to meet established and projected needs which shall be separate and apart from the inner…