PURPOSE: This rule describes the requirements for the prioritization of sites and for determining the completion of cleanup of sites.

1. (1) The department shall prioritize the order in which to use funds from the Dry-Cleaning Environmental Response Trust (DERT) Fund using standardized site assessment prioritization criteria. The criteria shall include but may not be limited to:

   1. (A) Risk to human health or the environment;
   2. (B) The present and future use of the affected property, groundwater, or surface water;
   3. (C) The effect that interim remedial measures have on the site;
   4. (D) The benefit of corrective action compared to the cost of corrective action; and

   5. (E) Other factors that the director deems relevant, which include but are not limited to:

      1. 1. Whether a public water supply well

or one (1) or more domestic drinking water wells are contaminated or threatened with levels above state or federal drinking water limits, and no alternative source is readily available;

1. 2. Whether a surface water intake is

contaminated or threatened with levels above state or federal drinking water limits, and no alternative source is readily available; and

1. 3. Whether a high probability exists for

direct human exposure to contaminated media.

1. (2) The department shall determine whether the proposed level of corrective action is sufficient by using the following criteria, which include but are not limited to:

   1. (A) The characteristics of the contaminated dry cleaning facility;
   2. (B) Cleanup standards and procedures developed by the department in guidance documents or other state and federal regulations; and
   3. (C) Any other factors which the department considers relevant may be used in determining the level at which corrective action is deemed completed.

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

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