(a) Dry cleaning site ranking system.

(1) The dry cleaning site ranking system is a methodology designed to determine a numerical score for a facility based on the executive director's judgment regarding various factors that may impact human health or the environment.

(2) The executive director will rank dry cleaning sites based on information provided in an application for ranking package. An application for ranking will be accepted from persons eligible to apply for a site to be ranked under Texas Health and Safety Code, §374.154(b).

(3) An application for ranking package must contain: (A) a completed application for ranking; (B) proof that an owner of the real property has been notified of the application if the applicant is not an owner of the real property; (C) proof that a lessee has been notified of the application if the applicant is an owner of the real property and the facility is leased; (D) evidence that the deductible has been met in accordance with Subchapter E of this chapter (relating to Deductible); (E) laboratory analyses of at least one groundwater sample (soil analyses may be substituted with written approval of the executive director); (F) geologic well log(s) from a monitoring or supply well or hydrogeologic information from the contaminated site where the groundwater or soil sample was taken; (G) field survey to locate potential receptors, including water wells and surface waters to at least 500 feet beyond the boundary of the property; (H) a records survey to identify all water wells and surface water bodies within 1/2 mile of the boundary of the property; (I) a full operational history of the facility including types of solvent currently and previously used; and (J) any other information or evidence the executive director considers necessary.

(4) Application for ranking packages that are not administratively and technically complete as determined by the executive director will not be ranked. The executive director will notify the applicant in writing of such a determination.

(5) Factors the executive director may consider in ranking sites include: (A) types of solvent currently in use; (B) types of solvent used in the past; (C) operational history of the facility; (D) risk to drinking water supplies; (E) surface water: (i) demonstrated impact to surface water; (ii) distance to surface water; and (iii) probability of contamination; (F) groundwater: (i) aquifer impacted; (ii) depth to groundwater; (iii) distance to nearest known groundwater wells; (iv) areal extent of groundwater contaminated; (v) subsurface geology as it affects contamination migration; (vi) concentrations of dry cleaning solvent in the groundwater; (vii) probability of contamination; and (viii) institutional controls prohibiting the use of groundwater for potable purposes; (G) alternative water source availability; (H) soil: (i) soil type; (ii) depth to groundwater; (iii) depth of contamination; (iv) concentrations of dry cleaning solvent in the soil; (v) quantity of soil contaminated; (vi) potential for exposure to the contaminated soils; and (vii) soil on the outcrop of a major or minor aquifer, or the Edwards Aquifer recharge or transition zone; (I) current and future land use; and (J) air contamination: (i) potential for exposure to vapors; and (ii) potential for vapors to migrate into buildings or other receptors.

(6) For all applications that are technically and administratively complete, the executive director will rank the site and notify an applicant of the relative ranking assigned to the applicant's site on or before the 90th day after the date the application is received by the executive director.

(7) If a site has already been ranked by the executive director, an applicant may submit an updated application for ranking to reflect changes in site conditions as a result of corrective action or other circumstances. Such updates will be limited to one per site per state fiscal year.

(8) The executive director may re-rank sites where corrective action has occurred using monies from the Dry Cleaning Facility Release Fund to reflect changes in site conditions as a result of corrective action or other circumstances.

(b) Even if a site has been ranked, a person may take corrective action at the person's own expense at any time in accordance with commission rules. The resulting expenses will not be reimbursed by the commission. In addition to any other notice required, an applicant shall give the executive director notice of such corrective action within 30 days after the action is completed.

Source Note: The provisions of this §337.31 adopted to be effective June 1, 2005, 30 TexReg 3108; amended to be effective February 1, 2006, 31 TexReg 548; amended to be effective June 26, 2008, 33 TexReg 4898