PURPOSE: This rule describes who can make claims against the Dry-Cleaning Environmental Response Trust (DERT) Fund, when and how such claims shall be made, how to request payment from the DERT Fund and describes claims appeals.

1. (1) To ensure eligibility in the Dry-Cleaning Environmental Response Trust (DERT) Fund the owner or operator should submit a notice to the department as soon as reasonably possible after a dry cleaning facility becomes aware of contamination.

2. (2) After being accepted in the DERT Fund, prior to the initiation of any assessment, investigation, or cleanup activities, whether within the deductible or in excess of the deductible, the costs shall be first approved by the department. Failure to obtain approval for these costs may subject the DERT Fund participant to reduction or denial of reimbursement of costs.

   1. (A) Fund participants are not required to obtain prior approval of the department for the reasonable costs of emergency response or of necessary first aid. The DERT Fund participant shall notify the department of such activities as soon as practical.
3. (3) Before the initiation of any assessment, investigation, or cleanup activities, the DERT Fund participant will provide a consent of access form that states the property’s owners consent for the department or its agents or contractors to access the facility or property.
4. (4) The department and the commission retain the final authority to make a determination concerning all eligibility issues, including but not limited to whether costs for products and services were reasonable, and whether the costs incurred were necessary to 10 CSR 25-17

achieve the cleanup activities required by the Department of Natural Resources.

1. (5) Claim Dispute Resolution.

   1. (A) If a DERT Fund participant disagrees with a payment decision, he or she shall send or deliver the objection(s) or reason(s) for the disagreement in writing to the department within ninety (90) days of the date the check or claim denial is issued.

   2. (B) The department will then review the claim considering the objections or reasons, and respond in writing to the DERT Fund participant within thirty (30) days of receipt. The director must—

      1. 1. Affirm the decision previously made;
      2. 2. Modify the decision previously made;
      3. 3. Refer the claim to the commission; or
      4. 4. Request additional information or

clarification from the owner or operator making the appeal. Within thirty (30) days of receipt of the additional information or clarifications, the department shall take one (1) of the three (3) steps listed above. If no response is received, the department may terminate the dispute resolution process, which leaves in place the original decision.

1. (C) If the DERT Fund participant still disagrees with department’s decision, he or she may request further review by sending a written request within sixty (60) days of receipt of the director’s decision to the commission, in accordance with 10 CSR 25-1.010.
2. (D) The commission will then consider the disputed claim at one (1) of its two (2) next regularly scheduled meetings.

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.