R311-209-2. Use of the State Cleanup Appropriation

  The Director shall authorize action or expenditure of money from the Petroleum Storage Tank Cleanup Fund and the State Cleanup Appropriation, as authorized by Sections 19-6-405.7, 19-6-409(5) and 19-6-424.5(9) respectively, when:

  (a) The release is from a regulated UST,

  (b) The owner or operator is not fully covered by the Petroleum Storage Tank Trust Fund,

  (c) The release is a direct or potential threat to human health or the environment, and

  (d) The owner or operator is unknown, unable, or unwilling to bring the site under control or remediate the site to achieve the clean-up goals as described in Section R311-211, or

  (e) Other relevant factors are evident as determined by the Director.