Considerations for determining eligibility for assistance shall be as follows, in order of highest to lowest priority:

1. I. Facilities with closure plans that have been approved and are ready for construction, and within this group the priority shall be as follows:

   1. (a) Facility poses an immediate risk to human health.
   2. (b) Facility poses a potential risk to human health.
   3. (c) Facility has an identified high level source of contamination.
   4. (d) Facility has an identified surface water or air quality impact.
   5. (e) Facility has an approved closure plan ready for construction.

2. II. Facilities with closure plans that have been deemed complete, and within this group the priority shall be as follows:

   1. (a) Facility poses an immediate risk to human health.
   2. (b) Facility poses a potential risk to human health.
   3. (c) Facility has an identified high level source of contamination.
   4. (d) Facility has an identified surface water or air quality impact.
   5. (e) Facility has a closure plan that has been deemed complete.
3. III. Facilities for which hydrogeological investigations or engineering reports have been initiated in accordance with a work plan approved by the department, which have obtained a groundwater permit, if required, and which are actively in the process of having a closure system designed.
4. IV. Facilities for which hydrogeological investigations or engineering reports have been initiated in accordance with an approved workscope and for which closure is actively being pursued.
5. V. Facilities which show high concentrations of groundwater impact in an area where drinking water is drawn from the groundwater, and an alternative water supply is not available.
6. VI. Facilities which show high concentrations of groundwater impact in an area where drinking water is drawn from the groundwater, and an alternative water supply is available.
7. VII. Facilities which show low concentrations of groundwater contamination in an area where drinking water is drawn from the groundwater, and an alternative water supply is not available.

Source. 1996, 251:2. 1999, 347:10-12, eff. Jan. 21, 2000.