A determination of the level at which corrective action shall be considered complete shall be made by the department using the following criteria.

1. (a) The factors used in prioritizing fund expenditure as set forth in K.S.A. 1995 Supp. 65-34,143, section (d) shall be considered by the department.
2. (b) The characteristics of the contaminated dry-cleaning site shall be evaluated by the department.

3. (c) State and federal drinking water standards may be considered by the department in setting corrective action levels. A determination that corrective action levels less stringent than state water quality standards will apply at a contaminated dry-cleaning site may be made by the department based on:

   1. (1) an evaluation or risk;
   2. (2) the effectiveness of available technology; and
   3. (3) the cost of implementation.
4. (d) Any other factors which the department considers relevant may be used in determining the level at which corrective action shall be considered complete.

(Authorized by and implementing K.S.A. 1995 Supp. 65-34,143; effective Jan. 3, 1997.)