PURPOSE: This rule defines specific terms used in this chapter.

1. (1) Definitions.

   1. (A) Definitions beginning with the letter A.

      1. 1. “Abandoned dry cleaning facility”

means any real property premises or individual leasehold space in which a dry cleaning facility formerly operated.

1. 2. “Active dry cleaning facility” means

any real property premises or individual leasehold space in which a dry cleaning facility currently operates.

1. (B) Definitions beginning with the letter

1. B. Reserved

   1. (C) Definitions beginning with the letter C.

      1. 1. “Chlorinated dry cleaning solvent”

means any dry cleaning solvent which contains a compound which has a molecular structure containing the element chlorine.

1. 2. “Claim” means a written demand for

money or services from the Dry-Cleaning Environmental Response Trust (DERT) Fund for cleanup at a dry cleaning facility.

1. 3. “Commission” means the Hazardous

Waste Management Commission created in section 260.365, RSMo.

1. 4. “Corrective action” means those

activities described in section 260.925.1, RSMo;

1. 5. “Corrective action plan” means a

plan approved by the director to perform corrective action at a dry cleaning facility.

1. (D) Definitions beginning with the letter D.

   1. 1. “Department” unless otherwise stat-

ed, means the Missouri Department of Natural Resources.

1. 2. “DERT Fund” means the Dry-Clean-

ing Environmental Response Trust (DERT) Fund.

1. 3. “Director” means the director of the

Missouri Department of Natural Resources.

1. 4. “DNAPL” means dense non-aqueous

phased liquid. DNAPLs are chemicals that exist in a denser-than-water, immiscible phase when released to the environment. They include, but are not limited to, halogenated organic solvents such as tetrachloroethylene (PCE), trichloroethylene (TCE) and 1,1,1-trichloroethane (TCA), substituted aromatics, phthalates, polychlorinated biphenyls (PCB) mixtures, coal and process tars, and some pesticides.

1. 5. “Dry cleaning facility” means a com-

mercial establishment that operates, or has operated in the past in whole or in part for the purpose of cleaning garments or other fabrics on-site utilizing a process that involves any use of dry cleaning solvents. Dry cleaning facility includes all contiguous land, structures and other appurtenances and improvements on the land used in connection with a dry cleaning facility but does not include prisons, governmental entities, hotels, motels or industrial laundries. Dry cleaning facility does include coin-operated dry cleaning facilities.

1. 6. “Dry cleaning solvent” means any

and all non-aqueous solvents used or to be used in the cleaning of garments and other fabrics at a dry cleaning facility and includes but is not limited to perchloroethylene, also known as tetrachloroethylene, chlorinated 10 CSR 25-17

solvents, and the products into which such solvents degrade.

1. 7. “Dry cleaning unit” means a machine

or device which utilizes dry cleaning solvents to clean garments and other fabrics and includes any associated piping and ancillary equipment and any containment system.

1. 8. “Dry cleaning waste” means waste

which is generated at a dry cleaning facility during the cleaning of garments and contains dry cleaning solvents. Some or all of this waste may also be hazardous waste.

1. (E) Definitions beginning with the letter E.

   1. 1. “Environmental response surcharge”

means either the annual dry cleaning facility registration surcharge or the dry cleaning solvent surcharge.

1. 2. “Existing contamination” means the

discovery of contamination in the soil, groundwater, surface and drinking waters in excess of the applicable state cleanup levels. It also includes the presence of DNAPL/free product or vapors in soils, basements, sewer and utility lines and nearby surface and drinking waters.

1. (F) Definitions beginning with the letter F.

   1. 1. “Facility closure” means an active

dry cleaning facility that has ceased operations for sixty (60) continuous days.

1. 2. “Free product” means a dry cleaning

solvent that is present as a non-aqueous phase liquid (for example, pools of regulated substances at the surface or perched in the subsurface on top of an impermeable rock stratum or on top of groundwater).

1. 3. “Fund” means the Dry-Cleaning

Environmental Response Trust Fund created in section 260.920, RSMo.

1. (G) Definitions beginning with the letter

1. G. Reserved

   1. (H) Definitions beginning with the letter

2. H. Reserved

   1. (I) Definitions beginning with the letter I.

      1. 1. “Industrial laundry facility” means

dry cleaners solely engaged in supplying laundered or dry-cleaned work uniforms, wiping towels, dust control items, etc. to industrial and commercial users.

1. (J) Definitions beginning with the letter J. Reserved
2. (K) Definitions beginning with the letter

1. K. Reserved

   1. (L) Definitions beginning with the letter L. Reserved

   2. (M) Definitions beginning with the letter M.

      1. 1. “Multi-source site” means a site that

contains contaminants from more than one source or operation (e.g., a dry cleaner in combination with a service station or auto part facility).

1. (N) Definitions beginning with the letter

1. N. Reserved

   1. (O) Definitions beginning with the letter O.

      1. 1. “Operator” means any person who is

or has been responsible for the operation of dry cleaning operations at a dry cleaning facility.

1. 2. “Owner” means any person who

owns the real property where a dry cleaning facility is or has operated.

1. (P) Definitions beginning with the letter P.

   1. 1. “Participant” means the owner or

operator of an active or abandoned dry cleaning facility.

1. 2. “Person” means an individual, trust,

firm, joint venture, consortium, joint-stock company, corporation, partnership, association or limited liability company. Person does not include any governmental organization.

1. 3. “Prioritization” means to arrange in

order of importance for expenditures from the DERT Fund.

1. (Q) Definitions beginning with the letter

1. Q. Reserved

   1. (R) Definitions beginning with the letter R.

      1. 1. “Release” means any spill, leak,

emission, discharge, escape, leak or disposal of dry cleaning solvent from a dry cleaning facility into the soils or waters of the state;

1. (S) Definitions beginning with the letter S. Reserved
2. (T) Definitions beginning with the letter T. Reserved
3. (U) Definitions beginning with the letter

1. U. Reserved

   1. (V) Definitions beginning with the letter V. Reserved
   2. (W) Definitions beginning with the letter

2. W. Reserved

   1. (X) Definitions beginning with the letter

3. X. Reserved

   1. (Y) Definitions beginning with the letter Y. Reserved
   2. (Z) Definitions beginning with the letter Z. Reserved

AUTHORITY: sections 260.900 and 260.905, RSMo Supp. 2005*. Original rule filed Oct. 3, 2005, effective May 30, 2006.

*Original authority: 260.900, RSMo 2000, amended 2005 and 260.905, RSMo 2000, amended 2005.