SECTION 337.30. Prioritization of Sites

(a) The executive director will prioritize sites for corrective action as follows.

(1) A site will only be eligible for prioritization if it has been ranked with the dry cleaning site ranking system.

(2) Sites will be prioritized at least semiannually beginning on January 1 and July 1. Administratively and technically complete applications must be received on or before March 1 of each year to ensure consideration for prioritization starting July 1. Applications must be received on or before September 1 of each year to ensure consideration for prioritization starting January 1. The prioritization will be based on the ranking effective January 1 or July 1 and other considerations outlined in subsection (b) of this section.

(b) The relative priority for corrective action at a site will be based on the following factors:

(1) the dry cleaning site ranking system;

(2) the benefit to be derived from corrective action compared to the cost of implementing the corrective action;

(3) the effect that interim or immediate remedial measures may have on future costs;

(4) the amount of money available in the Dry Cleaning Facility Release Fund for corrective action;

(5) cost savings to the Dry Cleaning Facility Release Fund realized when corrective action is undertaken during redevelopment or other activity near the site;

(6) necessity of emergency action; and

(7) any other factor the executive director considers relevant to the prioritization of sites.

(c) The executive director may re-prioritize sites during the semiannual prioritization in subsection (a)(2) of this section. This re-prioritization may result in a site being assigned a new priority below the level eligible for available funding, which may result in the termination or suspension of corrective action at the site.

Source Note: The provisions of this §337.30 adopted to be effective June 1, 2005, 30 TexReg 3108; amended to be effective February 1, 2006, 31 TexReg 548