Or. Admin. Code § 340-014-0165

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

Section 340-014-0165 - Cost Recovery

The agency shall recover the costs of the agency in developing, negotiating, and publicizing, a Custom Waiver Permit or GEMS Permit, and may recover the costs of administering a Custom Waiver Permit or GEMS Permit, including permit modifications and renewals, in the following manner:

(1) The applicant or permittee shall fully reimburse the agency for the agency's invoiced direct and indirect costs of conducting the review, negotiating the relevant permit revisions or conditions, responding to public comment, administering the Custom Waiver Permit or GEMS Permit, monitoring the provisions in the Custom Waiver Permit or GEMS Permit and environmental outcomes resulting from the Custom Waiver Permit or GEMS Permit, and publicizing and conducting the public hearings. Indirect costs shall be comprised of general management, support, administrative and overhead costs of the agency that the agency deems to be allocable using generally accepted accounting principles.

(2) The agency shall provide the applicant with a budget that estimates the direct and indirect costs that will be charged to the applicant under this section upon acceptance of the application. During the permit application process and during the term of the permit once issued, the agency shall provide quarterly updates of estimated future costs.

(3) The agency shall appropriately document the direct and indirect costs of the agency and collect payment for such costs from the permittee. The agency shall collect a deposit from the applicant, against which the agency shall bill until the deposit is depleted. When the deposit is depleted, the agency shall collect an additional deposit. The initial deposit shall accompany the applicant's initial Custom Waiver Permit or GEMS Permit application and shall be in the amount of $5000. The agency shall deliver to the applicant or permittee an accounting of all charges and the amount of the deposit remaining at the closure of each month's accounting records.

Or. Admin. Code § 340-014-0165

DEQ 13-1999, f. & cert. ef. 9-14-99

Stat. Auth.: ORS 468.020

Stats. Implemented: ORS 468.501, ORS 468.503, ORS 468.506, ORS 468.508, ORS 468.511, ORS 468.513, ORS 468.516, ORS 468.518 & ORS 468.521