Or. Admin. Code § 340-122-0540

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-122-0540 - Funding Factors

DEQ may fund only those remedial action costs defined in ORS 465.200(16) that are reasonable in DEQ's judgement. DEQ shall consider at least the following factors, to the extent relevant information is available, in determining which removals or remedial actions shall receive funding from the solid waste Orphan Site Account and the amount of funding:

(1) The site's risk to public health and the environment, based on consideration of the factors set forth in OAR 340-122-0080(2) and other available hazard ranking or risk assessment information. Each site's risk shall be evaluated relative to the risk posed by other eligible sites.

(2) The need for removal or remedial action at the site relative to fund availability and the need for removal or remedial activities at other sites.

(3) The extent to which other obligations or sources of funding for the same activities exist or will be sufficient over the life of the removal or remedial activity (e.g., ORS Chapter 459 closure financial assurance).

(4) The nature of the activities for which funding is sought, in the following order of preference:

(a) Direct costs for cleanup, provided that adequate technical investigation has been completed;

(b) Direct costs of technical investigation and remedy evaluation;

(c) Indirect costs (e.g., administration and overhead associated with the investigation or cleanup activities);

(d) Legal costs.

(5) The extent to which the removal or remedial action was undertaken before the effective date of these rules. For any such prior activities, DEQ may provide funding from the solid waste Orphan Site Account provided:

(a) The activities were performed pursuant to an order or agreement under ORS 465.260 ensuring that all activities were protective of health and the environment;

(b) The funding is only for amounts exceeding the amount collected, or to be repaid, by the local government unit through surcharge or equivalent funding;

(c) The activities were performed on or after July 24, 1989 (i.e., the effective date of HB 3515); and

(d) The activities are evaluated under and subject to the factors set forth in sections (1) through (4) of this rule.

Or. Admin. Code § 340-122-0540

DEQ 7-1993, f. & cert. ef. 4-27-93

Stat. Auth.: ORS 459.045, ORS 459.236 & ORS 459.311

Stats. Implemented: ORS 459.005, ORS 459.236, ORS 459.311, ORS 465.200 - ORS 465.455 & ORS 465.900