PURPOSE: This rule describes the application procedures for the Dry-Cleaning Environmental Response Trust (DERT) Fund.

1. (1) Any owner or operator of an active or abandoned dry cleaning facility who wishes to participate in the Dry-Cleaning Environmental Response Trust (DERT) Fund shall apply to the DERT Fund on a form provided by the department.

   1. (A) An application form shall be submitted for each site for which an owner or operator of an active or abandoned dry cleaning facility desires participation in the DERT Fund.
   2. (B) Applications shall include information on all known environmental conditions that exist at the site. To be eligible, one (1) groundwater or one (1) soil sample shall provide proof that the level of contamination at the site exceeds the department’s cleanup levels or other evidence confirming contamination must be provided.

2. (2) The department shall review applications within thirty (30) days of receipt of the application and respond to such application in writing with one (1) of the following options:

   1. (A) A notice of acceptance of eligibility;
   2. (B) If the response is a request for clarification or information, it shall specify a date by which the applicant shall respond; and
   3. (C) If the response is a rejection, it shall list the reasons for the rejection. 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.