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Section 6: Cost Recovery and Accounting

Cost recovery is a very important consideration in design. Early coordination with the potentially responsible parties (PRPs) is encouraged. When an investigation identifies contamination, the responsible parties should be notified of the results. The appropriate regulatory agency should also be notified of the results in accordance with applicable regulations.

Prior to construction, TxDOT should attempt to negotiate with known PRPs to have them assume financial responsibility for contamination. The PRPs should be notified of their obligations for corrective action or closure of the site. This prior notification is a prerequisite to litigation for recovery of costs.

Accurate cost accounting during the project is important; it distinguishes the costs actually attributable to the contamination from those that would have been incurred in the construction project without contamination. Thorough records and documentation should be kept for potential use in cost recovery actions.

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