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

1. (1) Dry-Cleaning Environmental Response Trust (DERT) Fund participants are required to seek pre-approval from the DERT Fund of site assessment, investigation, or remedial activities by following the procedures outlined below:

   1. (A) Obtain proposals from qualified contractors or consultants to demonstrate that a fair and reasonable price will be paid; and

   2. (B) Submit the bid(s) or proposal(s) to the director. The bids should contain the following:

      1. 1. Cost estimate for field activities;
      2. 2. Cost estimate for removal, treatment,

and/or disposal of contaminated media, which includes but is not limited to soil, water, and air;

1. 3. Cost estimate for project manage-

ment, supervision, data analysis, reporting, and other activities necessary to comply with sections 260.900–260.960, RSMo and implementing regulations, as appropriate;

1. 4. Cost estimate for collection and anal-

ysis of samples for contaminated media, which includes but is not limited to soil, water, and air;

1. 5. Contingency costs, expressed as unit

costs, for any additional costs which may be incurred if conditions warrant;

1. 6. Cost estimate for any equipment pur-

chased or rented to conduct remedial activities; and

1. 7. Cost estimate for any anticipated

work not described above that is necessary to comply with sections 260.900–260.960, RSMo and implementing regulations.

1. (2) The department will respond in writing within sixty (60) days after the work plan and cost estimate is received by the department. One (1) of the following responses will be made:

   1. (A) The response will include a statement of whether the cost estimate(s) is eligible, reasonable, and necessary.

      1. 1. This response will be based on the

information and reports submitted for the particular project and compared to a review of cost estimates for similar claims;

1. (B) If the cost estimate is incomplete or contains costs which are higher than the department deems reasonable, the director may:

   1. 1. Ask the participant to solicit addition-

al cost estimates;

1. 2. Ask the participant to justify the cost

estimate in writing; and

1. 3. Agree to pay a lesser cost deemed

reasonable by the director; and

1. (C) The department reserves the right to reject a proposed cost estimate, that the department deems ineligible, unreasonable, and unnecessary. Any rejection shall be made in writing and shall contain the specific reasons for the rejection of the cost estimate.

1. (3) Reimbursement of the DERT Fund moneys will be accomplished based on the site prioritization method described in 10 CSR 25-17.060.

   1. (A) DERT Funds will be allocated to prioritized sites in the following proportions: high priority sites—sixty percent (60%); medium priority sites—thirty percent (30%); low priority sites—ten percent (10%). In any fiscal year, if the funding allocation in any priority category are not used, those funds may be reallocated to other priority categories, starting with any high priority sites and followed by medium and low priority sites.
   2. (B) Owners, operators, or persons that are not allocated with moneys for a fiscal year, but wish to proceed with cleanup and remain eligible for future available funding, shall have assessment, investigation, and corrective action work plans and cost estimates preapproved by the department. Failure to obtain approval for these costs may subject the DERT Fund participant to reduction or denial of reimbursement of costs.

2. (4) Participants requesting payment from the DERT Fund shall send invoices for the work done along with any reports generated for the work to the DERT Fund address.

   1. (A) Invoices shall be submitted within six

3. (6) months of the date that the proposed work is completed. Failure to submit invoices within the time frame may result in a denial of payments.

   1. (B) Original invoices are requested. Photocopies may be submitted with a signed statement that the copies are accurate and true.
4. (5) Eligible costs will be reduced by the applicable deductible, as outlined in 10 CSR 25-17.120, for the dry cleaning facility until such deductible amount is met.
5. (6) The department will respond in writing to every request for reimbursement within thirty (30) days of receipt of the request. If the response indicates that some or all of the costs are being denied, then the response will state the reasons for the denial of costs.

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.