DRYCLEANING ENVIRONMENTAL RESPONSE TRUST (DERT) FUND CLAIM KIT

Hazardous Waste Program fact sheet
04/2014
Division of Environmental Quality Director: Leanne Tippett Mosby
PUB2135

What is the DERT Fund?
Missouri’s Drycleaning Environmental Response Trust (DERT) Fund was established by Senate Bill 577 and authorized in RSMo 260.920. The DERT fund was established to provide monies for the investigation, assessment and remediation of chlorinated solvent releases from dry cleaning facilities. The DERT Fund is a state fund and is administered by the Hazardous Waste Management Commission.

When you should file a claim

Prompt notice is required in order to protect your interests. As soon as you are aware of a potential claim, even if you believe cleanup costs will not exceed the deductible, call the DERT  Fund Administrator at 573-526-8913 or write to:

DERT Fund Administrator
Missouri Department of Natural Resources
Hazardous Waste Program
Brownfields/Voluntary Cleanup Section
P.O. Box 176
Jefferson City, MO 65102

What Dry Cleaning Facilities are Eligible
All dry cleaning facilities, including coin operated dry cleaners that use or have used in the past chlorinated dry cleaning solvents, are eligible for the DERT Fund. Prisons, government entities, hotels, motels and industrial laundries are specifically exempt, and therefore not eligible for reimbursement. Governmental entities that own or are in possession and control of an abandoned facility otherwise eligible for coverage may apply to the DERT Fund as long as the governmental entity follows the procedures of 10 CSR 25-17.050 through 10 CSR 25-17.170. Abandoned facilities are also eligible for the DERT Fund.

Persons eligible for reimbursement from the DERT Fund
Owner or operator of an active dry cleaning facility or the owner or past operator of an in-active (abandoned) facility.

Steps for claimants:

Best Management Practices
While not required under the DERT Fund statute and regulations, best management practices are recommended practices and equipment for preventing and containing spills of dry cleaning solvents. You should check with your local and state Air Pollution Authorities and other Department of Natural Resources programs to see what regulations and best management practices are required of your facility.

Eligible costs
The DERT Fund provides monies for the investigation, assessment and remediation of releases of chlorinated solvents from dry cleaning facilities. The owner or operator of an active and the owner of an abandoned dry cleaning facility shall be liable for the first $25,000 of corrective action costs incurred because of a release from an active or abandoned dry cleaning facility.

Eligible expenses include:

What Costs are not Eligible Expenses of the DERT Fund?
Costs not associated with the assessment, investigation and remediation of releases of solvents from a dry cleaning facility are not eligible. Such costs include, but are not limited to:

It is your responsibility to make sure that all work plans and associated costs are pre-approved by the Department of Natural Resources before the work is done, except in emergency situations. All cleanup costs must be necessary to achieve cleanup of the property as required by the Department of Natural Resources. All costs incurred to clean up a property beyond that required by the Department of Natural Resources will not be reimbursed.

How to file a claim
Fill out the DERT Fund Application and submit the required forms to the DERT Fund at this address:

Drycleaning Environmental Response Trust (DERT) Fund
Missouri Department of Natural Resources
Hazardous Waste Program
Brownfields/Voluntary Cleanup Section
P.O. Box 176
Jefferson City, MO 65102-0176

The flowcharts found at the end of this fact sheet show the process for filing a claim for a non-emergency situation and an emergency situation.

DERT Fund participants are required to seek pre-approval of site assessment, investigation or remedial activities by following these procedures:

  1. Obtain bids or proposals from qualified contractors or consultants to demonstrate that a fair and reasonable price will be paid. An example of a proposal is included in this claim kit.
  2. Your bid(s) or proposal(s) should be submitted to the DERT Fund using the following categories. The DERT Fund will track costs by these categories:

Environmental Consulting Services - Includes costs for project management, supervision, data analysis, report preparation, remedial system design and other activities as appropriate.
Disposal/Treatment - Includes costs for disposal and/or treatment of contaminated media. 
Equipment Rental/Lease/Purchase - Includes costs for any field equipment and remedial systems rented, leased or purchased to conduct remedial activities (PID, status water level indicator, sampling devices, etc.)
Excavation - Includes costs for excavating of contaminated media.
Ground Water Monitoring - Includes costs for ground water monitoring.
Hauling - Includes costs for the removal of contaminated media.
Laboratory Analysis - Includes costs for collection and analysis of samples of contaminated media, which includes but is not limited to soil, water and air.
Soil Boring/Well Installation - Includes costs for soil boring and monitoring well drilling and installation, well elevation survey, etc.
Remediation Activities - Includes costs for remediation activities of contaminated media, which includes but is not limited to soil, water and air.
Operation and Maintenance - Includes costs for remedial system operation and maintenance.
Site Restoration - Includes costs for backfill and any other work related to site restoration.
Other Costs - Includes costs for permits, and costs for any other work not described above.

The department will respond in writing within 60 days after the work plan and cost estimate is received by the department. The response will include a statement of whether the cost estimate(s) are eligible, reasonable and necessary. If the cost estimate is incomplete or contains costs which are higher than the department deems reasonable, the department may ask the participant to solicit additional cost estimates, justify the cost estimate in writing or agree to pay a lesser cost deemed reasonable by the department.

The department reserves the right to reject a proposed cost estimate, in writing, that the department deems ineligible, unreasonable and unnecessary.

Upon receipt of the approved work plan and cost estimate, the approved work may continue. The DERT Fund staff may be on site to observe the fieldwork. Please contact the DERT Fund Unit project manager three to five days prior to the work being initiated.

If conditions in the field provide evidence that an expansion of work beyond the original scope of work is warranted to investigate or remediate the contamination, the DERT Fund Unit project manager should be contacted to obtain approval for additional spending prior to the expansion.

All work plans and associated costs must be pre-approved by the Missouri Department of Natural Resource before the work is initiated. All cleanup costs must be deemed necessary by the Department to achieve cleanup of the property as required by the Department. All costs incurred to clean up a property beyond that required by the Department will not be reimbursed.

Prioritization of DERT Fund Sites
Reimbursement of the DERT Fund monies will be accomplished based on the site prioritization method described in 10 CSR 25.17.060. Before reimbursement of DERT Fund monies, your consultant will need to complete and submit the DERT Fund Prioritization Ranking Form. This form will be used to determine your site’s prioritization ranking score.

DERT Fund monies will be allocated to prioritized sites in the following proportions:

In any fiscal year, if the funding allocations 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 then low priority sites.

Phase I Environmental Site Assessment (ESA) shall be designed and implemented in accordance with the procedures for such assessments set forth in Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM E1527-13). The Phase I ESA shall determine the recognized environmental conditions or chemical contaminants of concern, including dry cleaning solvents, that may be associated with the site.

Sites that are low priority and are not allocated with monies for a fiscal year, but wish to proceed with cleanup, must have cleanup work plans and cost estimates pre-approved by the department. Funding may be available for these pre-approved costs at a later date.

Claim Reimbursements
Before any reimbursements can be made to the DERT Fund participant, the participant must be listed in the vendor table in the State of Missouri financial system. To be set up on this vendor table, the participant must complete the Vendor Input form (MO 300-1489). The Vendor Input form and form instructions are available on the Office of Administration/Accounting Web site at www.oa.mo.gov/acct, or you may contact the DERT Fund Unit at 573-526-8913 to request a copy to be mailed or faxed to you. Please read Section A instructions carefully so that the form is completed accurately to avoid delays in processing. The completed Vendor Input form must be returned to the DERT Fund Unit for entry into the financial system at fax number 573-526-4817, or mailed to:

Hazardous Waste Program
DERT Fund Unit
P.O. Box 176
Jefferson City, MO 65102-0176.

Participants requesting payment from the DERT Fund shall complete and submit the Reimbursement Claim Worksheet forms for the work done along with any reports generated for the work to the DERT Fund address. Invoices and cancelled checks must also be submitted for all costs listed on the Reimbursement Claim Worksheet. Invoices must be submitted within six 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.

Original invoices are requested. Photocopies may be submitted with a signed statement that the copies are accurate and true. Invoices should be accumulated and submitted as a whole when each phase of a project is completed. The DERT Fund will make periodic payments during the completion of phases of work for projects that may present a financial hardship.

Eligible costs will be reduced by the applicable deductible amount of $25,000. Costs in excess of $1 million at a site will not be reimbursed by the DERT Fund.

The department will respond in writing to every request for reimbursement. If the response indicates that some are all of the costs are being denied, then the response will state the reasons for the denial of costs.

Invoices will be paid after a review of the report for the work that was accomplished. This review might take up to 90 calendar days. An additional two to three weeks delay in the issuance of payments might occur.

Appeal Procedures
If a DERT Fund participant disagrees with a reimbursement decision, he or she shall send or deliver the objection or reason for the disagreement in writing to the department within 90 days of the date the claim denial is issued. The department will then review the claim considering the objections or reasons, and respond in writing to the DERT Fund participant within thirty days of receipt. The response will indicate one of the following:

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

Send the request to:

Hazardous Waste Management Commission
Missouri Department of Natural Resources
c/o Program Director
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102-0176
573-751-3176 phone
573-751-7869 fax

Related publications

The following publications are available on the Web at www.dnr.mo.gov/pubs/pubs.htm.
Drycleaning Environmental Response Trust (DERT) Fund Frequently Asked Questions (PUB2186)
Transactions of Properties with Active or Abandoned Dry Cleaning Facilities (PUB2134)
Drycleaning Environmental Response Trust (DERT) Fund Claim Kit (PUB2135)
Drycleaning Environmental Response Trust (DERT) Fund - Frequently Asked Questions about Remediation (PUB2136)
Drycleaning Environmental Response Trust (DERT) Fund - Frequently Asked Questions about Registration (PUB2137)

Example of Bid/Proposal
DERT Fund Process
DERT Fund Emergency Abatement Process

For more information call or write:
Missouri Department of Natural Resources
Hazardous Waste Program
Drycleaning Environmental Response Trust Fund
Brownfields/Voluntary Cleanup Section
P.O. Box 176
Jefferson City, MO 65102-0176
573-526-8913
573-526-4817 FAX
www.dnr.mo.gov/env/hwp/dert/hwpvcp-dryclean.htm