(a)

1. (1) Before commencing a substantive review of an application for reimbursement of corrective action costs, the Division of Environmental Quality shall determine whether the release meets the requirements of 8 CAR § 80-303 for Petroleum Storage Tank Trust Fund coverage for corrective action.
2. (2) Any person aggrieved by the division’s determination of whether a release is eligible for trust fund coverage for corrective action may request that the Advisory Committee on Petroleum Storage Tanks and, if necessary thereafter, the Director of the Division of Environmental Quality, review the division’s determination.

(b)

1. (1) The division is not required to commence substantive review of an application until it has received a completed application form containing all of the information required by 8 CAR § 80-308.
2. (2) If, during the course of the substantive review, the division finds that additional information is needed to evaluate the application, the division may require that the information be provided before review of the application may be completed.

(d)

1. (1) After a reimbursement application is complete, the division shall make a written recommendation to the advisory committee as to whether the applicant has met the trust fund eligibility requirements and, if so, what costs specified in the application are reasonable, allowable, and necessary.

2. (2)

   1. (A) The advisory committee, in its sole discretion, may allow supplemental information explaining the application to be presented orally.
   2. (B) It may establish a fair and reasonable limit on time allowed for oral presentation.

3. (3)

   1. (A) The advisory committee may consider, but is not bound by, the recommendation prepared by the division under subdivision (d)(1) of this section.
   2. (B) It shall make a written recommendation to the director as to whether the applicant has met the trust fund eligibility requirements and, if so, what costs for which reimbursement is requested are reasonable, allowable, and necessary and should therefore be paid.

(e)

1. (1) The director shall consider, but is not bound by, the recommendations made by the division under subdivision (d)(1) of this section and by the advisory committee under subdivision (d)(3) of this section.
2. (2) The director shall decide whether the applicant has met the trust fund eligibility requirements and, if so, what costs for which reimbursement is requested are reasonable, allowable, and necessary and therefore should be paid.
3. (3) If the decision of the director is contrary to the recommendation of the advisory committee, the director shall provide in writing his or her reasons for declining to follow the advisory committee’s recommendation.

(f)

1. (1) The decision of the director shall be the final decision of the division.
2. (2) The decision of the director may be appealed to the Arkansas Pollution Control and Ecology Commission.
3. (3) An owner or operator who considers himself or herself injured in his or her business, person, or property by a final decision of the director or his or her designee may, within thirty (30) days after the date of the final decision of the director or his or her designee, appeal the decision to the commission.