Or. Admin. Code § 340-124-0060

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

Section 340-124-0060 - Funding from Dry Cleaner Environmental Response Account at Dry Cleaning Facilities

(1) For a contaminated dry cleaning facility to receive funding for remedial actions, conditions A through C must be met.

(a) The person performing the remedial action shall submit a claim on a form to be provided by the Department:

(A) If the claimant is not the real property owner, the claim shall provide proof that the real property owner has been notified of the claim;

(B) If the property is leased, and the claimant is not the lessee, the claimant shall provide proof that the lessee has been notified of the claim;

(C) The claim must contain the information requested by the Department, as well as all other known information concerning environmental contamination at the contaminated dry cleaning site.

(b) The Department will review the completed claim and make a funding determination considering the criteria set forth in OAR 340-124-0065 and 0070.

(c) The Department shall send a written notice of the funding determination to the claimant as soon as a determination is made. If the site is determined ineligible for funding, the notice of the determination shall state the reason or reasons for ineligibility.

(d) The claimant shall be responsible for the deductible required under ORS 465.510(a) and (b). Adequate employee payroll records that document and support the number of employees employed in the dry cleaning business at the time of the release shall be provided to the Department. If the time of release is not known, the deductible will be calculated using the current number of employees. If adequate employee records are not available, the deductible shall be $10,000.

(2) If an active dry cleaner becomes out of compliance with the requirements in ORS 465.505 (waste minimization), excluding subsection (3)(reporting), during the period of time the Department is assessing or remediating a site, the dry cleaner will be responsible for costs incurred by the Department at the site during the period of time the claimant was out of compliance. Costs incurred while the claimant was in compliance will be paid for from the Account.

(3) Inactive dry cleaning facilities must be enrolled on a list as established in OAR 340-124-0080 to be eligible for funding from the Account.

(4) If a claimant withdraws as a claimant, the Department may stop payment from the Account for remediation costs incurred at the dry cleaning facility.

Or. Admin. Code § 340-124-0060

DEQ 13-2002, f. & cert. ef. 10-9-02

Stat. Auth.: ORS 465.505(5), ORS 468.020

Stats. Implemented: ORS 465.510