Or. Admin. Code § 123-130-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 123-130-0030 - Applicant Eligibility

(1) Any private person not currently liable under ORS 465.255 for an existing release of hazardous substances at a site is eligible to make application to the Department for assistance from the Fund.

(2) Eligibility under OAR 123-130-0030 shall also be determined based on the status of compliance with enforcement actions against the applicant by a government agency. If the applicant is not the owner and the site is owned by a person that is liable under ORS 465.255, the application will not be accepted unless the applicant provides documentation adequately demonstrating how the funded activities will facilitate a transfer in ownership of the site to a person not liable under ORS 465.255 or will be managed by an eligible operator.

(3) An applicant that makes false or willful misrepresentations regarding applicant eligibility on a Fund application may be subject to the remedies described in OAR 123-130-0080.

(4) Applicant must have the authority and ability to execute a financing contract with the Department.

Or. Admin. Code § 123-130-0030

OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/3/2022 through 5/1/2023; OBDD 5-2023, adopt filed 01/26/2023, effective 1/26/2023

Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198

Statutes/Other Implemented: ORS 465.255 & ORS 285A.193 - 285A.198