PURPOSE: This rule describes the steps for reporting and initial abatement of the spilling, leaking, emitting, discharging, escaping, leaching, or disposing of dry cleaning solvents onto the ground surface or into groundwater, surface water, or subsurface soil and the reporting of existing contamination at dry cleaner sites.

1. (1) Owners or operators of an active dry cleaning facility shall report to the department as soon as practical after discovery of a release of chlorinated dry cleaning solvents from spills or leaks that result in a release to the environment that equals or exceeds its reportable quantity under Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) (40 CFR 302.4) at the site or in the surrounding area. The reportable quantity for dry cleaning solvents not listed in Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) (40 CFR 302.4 is one hundred (100) pounds. The National Response Center phone number is (800) 424- 8802 and the department’s Environmental Emergency Response phone number for reporting releases is (573) 634-2436. 10 CSR 25-17
2. (2) Owners or operators of an active or abandoned dry cleaning facility shall report to the department as soon as practical after discovery of existing contamination of chlorinated dry cleaning solvents that is discovered in soils, groundwater, vapors, surface water, etc., that exceeds the department’s cleanup guidelines.
3. (3) The department may require owners and operators to submit a report to the department summarizing the steps taken to clean up the release, within thirty (30) days after a reportable quantity release confirmation.
4. (4) If directed to do so by the department, owners or operators of an active or abandoned dry cleaning facility shall be required to follow the application procedures to the Dry-Cleaning Environmental Response Trust (DERT) Fund in accordance with 10 CSR 25- 17.090 and conduct site characterization and corrective action in accordance with 10 CSR 25-17.080.
5. (5) The department may respond and conduct emergency response procedures to mitigate any emergency release to protect human health and the environment that if in the opinion of the department, the owner or operator has not satisfactorily responded to at an active or abandoned facility. The department may initiate procedures to recover the costs of these actions from the owner or operator.
6. (6) Failure to comply with 10 CSR 25-17.050 and failure to pay cost recovery as outlined in 10 CSR 25-17.050(5), may cause a dry cleaning facility to be ineligible for the DERT Fund.

AUTHORITY: sections 260.905, RSMo Supp. 2005 and 260.910, RSMo 2000.* Original rule filed Oct. 3, 2005, effective May 30, 2006. *Original authority: 260.905, RSMo 2000, amended 2005 and 260.910, RSMo 2000.