Or. Admin. Code § 340-172-0140

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

Section 340-172-0140 - Cost Containment

(1) To assure appropriate expenditure of financial assistance funds, the Department may require a person receiving financial assistance under these rules to manage UST project work under the direction of the Department. The Department may require the applicant to:

(a) Delay start of the UST project work where adequate funds are not available from the UST Compliance and Corrective Action Fund to complete the UST project work, as scheduled;

(b) Suspend or stop UST project work where:

(A) UST project work is not in accordance with these rules; or

(B) Adequate funds are not available from the UST Compliance and Corrective Action Fund to complete the UST project work.

(c) Seek alternate bids or project proposals where the Department determines the applicant's bid or proposal for the UST project work is at least 20 percent greater than similar UST project work;

(d) Select alternate bids or project proposals where the alternate bid or proposal required in subsection (c) of this section is at least 20 percent less than the applicant's bid or proposal; or

(e) Reduce scope of the UST project work where adequate funds are not available from the UST Compliance and Corrective Action Fund to complete the UST project work. The reduction in project scope may include, but is not limited to:

(A) Size of each UST;

(B) Number of USTs;

(C) Type of leak detection system;

(D) Type of spill and overfill prevention equipment; and

(E) Cleanup to meet cleanup standards that are not more restrictive than OAR Chapter 340, Division 122.

(2) The Department shall not pay any UST project work costs that exceed the estimated cost by 20 percent or more, as shown on grant, loan guarantee or reduced interest rate confirmation letters, unless the applicant files a modified financial assistance application, the cost appears reasonable based upon generally accepted construction and corrective action cleanup practices and funds are available from the USTCCA Fund. The filing date of a complete modified application will be used to determine funding priority in accordance with OAR 340-172-0080.

Or. Admin. Code § 340-172-0140

DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91; DEQ 14-1992, f. & cert. ef. 6-11-92

Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995

Stats. Implemented: OL 1991, Ch. 863