Or. Admin. Code § 340-150-0600

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

Section 340-150-0600 - Delegation of Program Administration

(1) Any agency of the state or a unit of local government that seeks the authority to administer all or part of the UST program covered by OAR chapter 340, divisions 150 and 151 must submit to the department a written application that describes the portions of the UST program it proposes to administer. The application must contain the following:

(a) A description in narrative form of the scope, structure, coverage and procedures of the proposed program; and

(b) A description, including organization charts, of the organization and structure of applicant, including:

(A) The number of employees, occupation and general duties of each employee who will carry out the activities of the program;

(B) An itemized estimate of the cost of establishing and administering the program, including the cost of personnel listed in paragraph (A) of this subsection, administrative and technical support;

(C) An itemization of the source and amount of funding available to meet the costs listed in paragraph (B) of this subsection, including any restrictions or limitations upon this funding;

(D) A description of applicable procedures, including permit procedures;

(E) Copies of the permit form, application form and reporting form that will be used in the program;

(F) A complete description of the methods to be used to assure compliance and for enforcement of the program;

(G) A description of the procedures to be used to coordinate information with the department, including the frequency of reporting and report content; and

(H) A description of the procedures the applicant will use to comply with trade secret laws under ORS 192.500 and 468.910.

(2) Within 60 days after receiving the application, the department will review the application for completeness and request any additional information needed. The department will notify the applicant in writing when the application is complete.

(3) Within 120 days after the application is complete, the department will:

(a) Approve the proposal by submitting a signed agreement or contract to the applicant that outlines the terms and conditions under which the department agrees to delegate all or a portion of the UST program described in section (1) of this rule; or

(b) Deny the application if the department finds the program described by the applicant is not equivalent to the department's UST program.

(4) The agreement or contract may be terminated by either party by providing 30 days prior notice in writing.

Or. Admin. Code § 340-150-0600

DEQ 20-1990, f. & cert. ef. 6-7-90; Renumbered from 340-150-0115; DEQ 6-2003, f. & cert. ef. 2-14-03

Stat. Auth.: ORS 466.706 - 466.835, 466.994 & 466.995

Stats. Implemented: ORS 466.730