PURPOSE: This rule describes eligibility requirements for participation and funding of the Dry-Cleaning Environmental Response Trust (DERT) Fund.

1. (1) Any owner or operator of an active or the owner or operator of an abandoned dry cleaning facility may apply to participate in the Dry-Cleaning Environmental Response Trust (DERT) Fund.

   1. (A) Dry cleaning facilities located in prisons, governmental entities, hotels, motels and industrial laundries are not eligible for participation in the DERT Fund. Facilities that use a non-chlorinated dry cleaning solvent are not eligible for participation in the DERT Fund.
   2. (B) Governmental entities that own or are in possession and control of an abandoned facility otherwise eligible for coverage may apply to the DERT Fund as long as the governmental entity follows the procedures of 10 CSR 25-17.050 through 10 CSR 25-17.170.
2. (2) An active or abandoned dry cleaning facility may be considered ineligible if the owner or operator owes the annual dry cleaning facility registration surcharge or dry cleaning solvent surcharge, including any penalties or interest, at the time the application for the DERT Fund is submitted or contamination from dry cleaner solvents was discovered.

AUTHORITY: sections 260.905 and 260.925, RSMo Supp. 2005.* Original rule filed Oct. 3, 2005, effective May 30, 2006.

*Original authority: 260.905, RSMo 2000, amended 2005 and 260.925, RSMo 2000, amended 2005.