(A) An owner or operator or a consultant may be eligible for reimbursement for the purchase of equipment needed to undertake corrective action.
(B) An eligible cost incurred by a consultant on behalf of an owner or operator for the purchase of equipment needed to perform corrective action, and determined by the Division to be reimbursable, will apply toward the owner's or operator's maximum reimbursable amount for the occurrence.
(C) A consultant may not submit an application for reimbursement of eligible costs to purchase equipment for corrective action except in conjunction with a reimbursement application of an owner or operator who provides proof of the equipment purchase by the consultant in the application.
(D) Upon the written permission of the owner or operator, the eligible costs of purchasing equipment needed to perform corrective action, incurred by a consultant on behalf of the owner or operator, may be reimbursed directly to the consultant.
(E) All requests for reimbursement of equipment purchases must, at a minimum, include the following information:
(1) Name and description of the equipment; and
(2) Model and serial number(s) (if applicable).
(F) An equipment purchase by the owner or operator or a consultant must be approved by the Division prior to the purchase to be eligible for reimbursement.
(G)(1) For purposes of this Chapter only, “residual value of equipment” means the actual value of the equipment at the time the equipment is taken out of service.
(2) The residual value of equipment is not a reimbursable cost.
(3) The residual value of equipment may be projected based on the expected duration the equipment will be used for corrective action and the salvage value of the equipment, if applicable.
(H)(1) Equipment purchased under this section is the property of the owner or operator or the consultant making the purchase.
(2) Reimbursement to an owner or operator or a consultant for the cost of purchasing equipment needed for undertaking corrective action shall establish a lien by the Division on the equipment for the duration of the corrective action.
(3) If corrective action is not completed by the owner or operator in accordance with Ark. Code Ann. § 8-7-807(a)(1), the Division shall be granted ownership of any equipment upon which a lien is established.
(I) Depreciation schedules for equipment purchased under this section may be determined in accordance with applicable federal and state tax requirements.
(J) Purchase costs and rental costs shall not be reimbursed for the same equipment.
