To be eligible for the LGR program, your local government must meet the following requirements:
The applicant must be a general purpose unit of local government. Local governments that are eligible to receive reimbursement under the LGR program include any general purpose unit of local government, such as a county, parish, city, town, township, and municipality. Federally-recognized Indian Tribes are also eligible for reimbursement under the LGR program.
States are not eligible for reimbursement under the LGR program. States may not request reimbursement on the behalf of a local government or a federally-recognized Indian Tribe within the state.
The applicant must have legal jurisdiction over the site where the incident occurred. Only one request for reimbursement will be accepted for each eligible incident. When more than one local government has participated in such a response, the local government that has legal jurisdiction over the site where the incident occurred must submit the application. The application can be made on behalf of ALL participating local governments. If more than one local government or agency has jurisdiction over the site, then the respondents must determine which single government or agency will submit the reimbursement request.
Reimbursement cannot be made to a responsible party. If the local government applying for reimbursement is also the responsible party, the application will be denied. Responsible parties are liable for response cost regardless of whether or not they are a local government.
Substances released or threatened to be released must be designated as hazardous under CERCLA. Incidents involving petroleum products including petroleum, natural gas, crude oil, or any other specified fractions thereof that are not specifically designated as CERCLA hazardous substances do not qualify under this program. Some mixed waste may be allowable.
Under CERCLA, potentially responsible parties are liable for cleanup costs, under the LGR program if a local government might be the responsible party, they would not be eligible for reimbursement.
MAINTAIN YOUR ELIGIBILITY
To ensure that the local government is best prepared to meet application requirements once an emergency response occurs, the local government should consider:
- Assigning an LGR Contact. Identify a person to coordinate the reimbursement process. This person will be responsible for meeting the program's requirements throughout the response and the application process.
- Learning the Program. Before an incident occurs, obtain a copy of the LGR application package, which includes a copy of the application and a copy of the LGR regulations. Have the application on hand and be familiar with its contents in order to facilitate the application process.