PURPOSE: This rule describes eligible costs associated with the assessment, investigation, or remediation of dry cleaning sites.

1. (1) Moneys from the Dry-Cleaning Environmental Response Trust (DERT) Fund shall be utilized to address contamination resulting from releases of chlorinated dry cleaning solvents in accordance with section 260.925, RSMo.

   1. (A) Eligible payments from the DERT Fund shall include:

      1. 1. Costs for investigation and assess-

ment of releases from a dry cleaning facility, including costs of off-site investigations and assessments of contamination, which may have moved off of the dry cleaning facility;

1. 2. Costs for necessary or appropriate

emergency action, including but not limited to treatment, restoration or replacement of drinking water supplies, to assure that the human health or safety is not threatened by a release or potential release;

1. 3. Costs for remediation of releases

from dry cleaning facilities, including contamination which may have moved off of the dry cleaning facility, which remediation shall consist of the preparation of a corrective action plan, which may include activity and use limitations for the site, and the cleanup of affected soil, groundwater and surface waters, using an alternative that is cost-effective, technologically feasible and reliable, and provides adequate protection of human health and environment and to the extent practicable minimizes environmental damage. Costs for remediation beyond that necessary to achieve contaminant levels that are protective of human health and the environment are not eligible;

1. 4. Costs for operation and maintenance

of corrective action;

1. 5. Costs for monitoring of releases from

dry cleaning facilities including contamination which may have moved off of the dry cleaning facility;

1. 6. Payment of reasonable costs incurred

by the director in providing field and laboratory services;

1. 7. Reasonable costs of restoring proper-

ty as nearly as practicable to the condition that existed prior to activities associated with the investigation of a release or cleanup or remediation activities;

1. 8. Costs of removal and proper disposal

of wastes generated by a release of a dry cleaning solvent; and

1. 9. Payment of costs of corrective action

conducted by the department or by entities other than the department but approved by the department, whether or not such corrective action is set out in a corrective action plan; except that, there shall be no reimbursement for corrective action costs incurred before August 28, 2000. Costs, under this paragraph, are not eligible unless the department has declared a hazardous substance emergency and has provided an opportunity and/or requirement to the responsible party, if available, to conduct the corrective action activities.

1. (B) At any multi-source site, the department shall utilize the moneys in the fund to pay for the proportionate share of the liabili- 10 CSR 25-17

ty for the assessment, investigation, and corrective action costs which is attributable to a release from one or more eligible dry cleaning facilities and for that proportionate share of the liability only. At any multi-source site, the director is authorized to make a determination of the relative liability of the fund for costs of corrective action, expressed as a percentage of the total cost of assessment, investigation, and corrective action at a site, whether known or unknown. The director shall issue an order establishing such percentage of liability. Such order shall be binding and shall control the obligation of the fund until or unless amended by the director. In the event of an appeal from such order, such percentage of liability shall be controlling for costs incurred during the pendency of the appeal.

1. (2) Nothing in section (1) of this rule shall be construed to authorize the department to obligate moneys in the fund for payment of costs that are not integral to corrective action for a release of dry cleaning solvents from a dry cleaning facility. Moneys from the fund shall not be used:

   1. (A) For corrective action at sites that are contaminated by solvents normally used in dry cleaning operations where the contamination did not result from the operation of a dry cleaning facility;
   2. (B) For corrective action at sites, other than dry cleaning facilities, that are contaminated by dry cleaning solvents which were released while being transported to or from a dry cleaning facility;
   3. (C) To pay any fine or penalty brought against a dry cleaning facility operator under state or federal law;
   4. (D) To pay any costs related to corrective action at a dry cleaning facility that has been included by the United States Environmental Protection Agency on the national priorities list;
   5. (E) For corrective action at sites with active dry cleaning facilities where the owner or operator is not in compliance with sections 260.900 to 260.960, RSMo, rules and regulations adopted pursuant to sections 260.900 to 260.960, RSMo, orders of the director pursuant to sections 260.900 to 260.960, RSMo, or any other applicable federal or state environmental statutes, rules or regulations;
   6. (F) For corrective action at sites with abandoned dry cleaning facilities that have been taken out of operation prior to July 1, 2009, and not documented by or reported to the department by July 1, 2009. Any person reporting such a site to the department shall include any available evidence that the site once contained a dry cleaning facility;
   7. (G) Assessment, investigation, and remediation costs incurred prior to August 28, 2000;
   8. (H) Compensating third parties for bodily injury or property damage caused by a release from a dry cleaning facility, other than property damage included in the corrective action plan under 10 CSR 25- 17.110(1)(A)7.;
   9. (I) Costs necessary to remove an underground or aboveground storage tank system;
   10. (J) Costs of demolition and removal of building, equipment, etc., except as required as a result of necessary cleanup activities and pre-approved by the department;
   11. (K) Costs of disposal of soil, groundwater, etc., that is not contaminated with contaminants associated with dry cleaning solvents at levels such that the Department of Natural Resources requires corrective action;
   12. (L) Markup of costs charged by a treatment facility which is used for the disposal of contaminated soil, groundwater, etc.;
   13. (M) Markup of costs charged by laboratory for analysis of soil, groundwater, surface water, etc., samples;
   14. (N) Markup of costs by the environmental consultant or contractor of major subcontracted work done as part of the assessment, investigation, or remedial work, such as drilling, well installation, or push-probe investigations;
   15. (O) Installation of new or repair and maintenance of existing dry cleaning equipment;
   16. (P) Preparation of claim submittals;
   17. (Q) Paving or resurfacing, except as required as a result of necessary cleanup activities. Costs for resurfacing shall be paid on the basis of the actual cash value of the surface which existed immediately prior to cleanup activities; and
   18. (R) Other costs not relevant to the assessment, investigation, or remediation of contamination caused by dry cleaning solvents from eligible facilities, as determined by the department.

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.