(A) The Board of the Department of Health and Environmental Control shall establish a moratorium on administrative and judicial actions by the department concerning drycleaning facilities and wholesale supply facilities resulting from the discharge of drycleaning solvents to soil or waters of the State. This moratorium applies only to those facilities deemed eligible as defined in this section. The board may review and determine the appropriateness of the moratorium at least annually. This review shall include, but is not limited to, consideration of these factors:

1. (1) the solvency of the fund as described in Section 44-56-420;
2. (2) prioritization of the sites;
3. (3) public health concerns related to the sites;
4. (4) eligibility of the sites;

5. (5) corrective action plans submitted to the department.

   After review, the board may suspend all or a portion of the moratorium if necessary.

(B) A drycleaning facility or wholesale supply facility that is being operated as a drycleaning facility or wholesale supply facility at the time a request for determination of eligibility is filed and at which there is contamination from drycleaning solvents is eligible under this section regardless of when the contamination was discovered if the drycleaning facility or wholesale supply facility:

1. (1) has been registered with and has paid all annual fees, surcharges, and solvent fees as required by the Department of Revenue;
2. (2) is determined by the department to be in compliance with department regulations regulating drycleaning facilities or wholesale supply facilities;
3. (3) has third-party liability insurance when and if the insurance becomes available at a reasonable cost, as determined by the Department of Insurance and if the insurance covers liability for contamination that occurred both before and after the effective date of the policy;
4. (4) has provided documented evidence of contamination by drycleaning solvents;
5. (5) has not been operated in a grossly negligent manner at any time after November 18, 1980.

(E) If the facility started operation before six months after the effective date of this act and an eligible drycleaning or wholesale owner or operator or person applies for monies from the fund on or before:

1. (1) eighteen months after the effective date of this act, the deductible is one thousand dollars;

2. (2) thirty months after the effective date of this act, the deductible is twenty-five thousand dollars.

   An eligible drycleaning facility that has applied for monies from the fund prior to the effective date of this paragraph shall have a deductible of one thousand dollars regardless of any deductible previously assigned to the facility based on its application date or type of site. Any approved assessment or remedial costs in excess of one thousand dollars previously incurred by the owner, operator, or person shall be refunded, without interest, to such party by the department.

   A facility first starting its operations on or after six months after the effective date of this act shall have a deductible of twenty-five thousand dollars if it is determined to be eligible if the operator or person applies for money from the fund within six months of obtaining evidence of contamination.