justicedao/ipfs_state_laws huggingface dataset:
340-176-0090 Appeal Procedures An applicant may appeal determinations by the Department under these rules, in accordance with OAR 340-172-0110, by sending a written request for a formal contested case hearing within 20 days after the Department awards or denies financial assistance. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-177-0001 Purpose and Scope This Division specifies requirements for the cleanup of releases of petroleum from underground heating oil tanks, technical standards for the voluntary decommissioning of underground heating oil tanks, and requirements for submittal of technical reports that have been certified by licensed service providers. Statutory/Other Authority: ORS 465.200-320, 466.706 & 466.850-870 Statutes/Other Implemented: ORS 465.400, 465.405, 466.706, 466.855 & 466.870 History: DEQ 3-2000, f. & cert. ef. 2-17-00 DEQ 29-1998, f. & cert. ef. 12-22-98 DEQ 25-1998, f. & cert. ef. 11-2-98
340-177-0065 Cleanup Options and Technical Requirements (1) Depending on the extent of contamination and other relevant factors, the responsible person must determine which type of cleanup option is best suited for the release, using the following: (a) Soil Matrix, OAR 340-122-0320 through 340-122-0360; (b) Risk-Based, OAR 340-122-0244 and Corrective Action Plan, 340-122-0250; or (c) Generic Remedy, as approved by the Department pursuant to OAR 340-122-0252 and as applicable to residential heating oil tank releases. (2) For the specific cleanup option selected, additional written report requirements may be required and must be included as specified by the applicable regulations. (3) Public participation will be provided by the Department as required for the specific cleanup option selected in section (1) of this rule. (4) Sampling and analysis must be conducted in accordance with OAR 340-122-0218, unless otherwise specified by the cleanup option selected in section (1) of this rule. (5) All samples must be collected in accordance with OAR 340-122-0340 and 340-122-0345. (6) Evaluation of analytical results must be conducted in accordance with OAR 340-122-0355. Statutory/Other Authority: ORS 465.200 - 465.420 Statutes/Other Implemented: ORS 465.260 & 465.400 History: DEQ 3-2000, f. & cert. ef. 2-17-00, Renumbered from 340-177-0120 DEQ 25-1998, f. & cert. ef. 11-2-98
340-177-0095 Certified Reports (1) The tank owner, or service provider on the owner's behalf, must submit certified project reports and receive the department’s approval for heating oil tank services performed at underground heating oil tank sites. This applies to the following projects: (a) Decommissioning projects where the tank owner voluntarily requests department approval; and (b) All underground heating oil tank cleanup projects. (2) Service providers licensed under Chapter 340, Division 163 are eligible to submit certified reports. (3) Certified reports submitted to the department must include the required filing fee. Table 2 below specifies the fee amounts for each type of project. Filing fees are non-refundable. (4) Certified reports must contain specific information as set forth below: (a) For a voluntary decommissioning performed on or after March 15, 2000: The decommissioning report as OAR 340-177-0025 requires and decommissioning certification as OAR 340-163-0060 requires. (b) For a voluntary decommissioning performed before March 15, 2000: (A) If the work was performed by a service provider licensed to perform soil matrix cleanup or UST decommissioning at the time the service was provided and two soil samples were collected as OAR 340-177-0025 requires, a report that meets the general requirements of 340-177-0025(3) is sufficient; (B) If no soil samples were collected, or if an unlicensed contractor performed the sampling work, a licensed service provider must conduct a site assessment that meets the requirements of OAR 340-177-0025(2)(c) and must include a report that meets the requirements of 340-177-0025(3). (c) For all heating oil tank cleanup projects, the cleanup certification provided under OAR 340-163-0060 must be accompanied by the specific report required by either or both 340-177-0055(4) and (5) and 340-177-0065(2) based on the cleanup option selected for the site. (5) The department will provide its approval in the form of a letter to the tank owner, with a copy to the certifying service provider, indicating the certified report has been registered and department files on the project have been closed. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 466.706 Statutes/Other Implemented: ORS 466.706 History: DEQ 24-2019, amend filed 11/15/2019, effective 01/01/2020 DEQ 8-2005, f. & cert. ef. 7-14-05 DEQ 3-2000, f. & cert. ef. 2-17-00
340-178-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 through 466.835 as amended by Chapter 863, Oregon Laws, 1991 (Senate Bill 1215). These rules are in addition to OAR 340, division 172. (2) The purpose of these rules is to: (a) Provide for the regulation of persons who receive reduced interest rate loans for UST project work; (b) Provide assistance to owners of underground storage tanks regulated by ORS 466.706 to 466.835 and federal regulation 40 CFR 280; and (c) Provide for the regulation of commercial lending institutions who issue reduced interest rate loans for UST project work. (3) These rules establish requirements and standards for: (a) Reduced interest rates on loans for UST project work; (b) Applying and qualifying for interest rate payment to commercial lending institutions; (c) Administration and enforcement of these rules by the Department. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1989, Ch. 1071 & OL 1991, Ch. 863, Sec. 6 & 6a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-178-0010 Definitions The definitions in OAR 340-172-0010 apply to these rules. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: ORS 466.706, OL 1989, Ch. 1071 & OL 1991 & Ch. 863 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-178-0020 Reduced Interest Rate Benefits (1) Any person qualifying for Tier 1, 2, 3, or 4 UST financial assistance under OAR 340, division 172 will qualify for a reduced interest rate where the person receives a loan for UST project work from a commercial lending institution. (2) In addition to the requirements of section (1) of this rule: (a) A person qualifying for Tier 1 financial assistance is eligible to receive a reduced interest rate of 7.5 percent on a loan for the first $100,000 of eligible UST project costs; (b) A person qualifying for Tier 2 financial assistance is eligible to receive a reduced interest rate of 5.0 percent on a loan for the first $100,000 of eligible UST project costs; (c) A person qualifying for Tier 3 financial assistance is eligible to receive a reduced interest rate of 3.0 percent on a loan for the first $100,000 of eligible UST project costs; and (d) A person qualifying for Tier 4 financial assistance is eligible to receive a reduced interest rate of 1.5 percent on a loan for the first $100,000 of eligible UST project costs. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863, Sec. 6 & 6a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-178-0040 Application for Reduced Interest Rate Certificate Any person wishing to obtain a Reduced Interest Rate Certificate for a loan for UST project work shall submit a written application in accordance with OAR 340, division 172 and these rules. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863, Sec. 6 & 6a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-178-0050 Reduced Interest Rate Certificate (1) In accordance with this division, the Department shall issue a reduced interest rate certificate to an applicant who has filed a complete application and meets the requirements of OAR 340, division 172 and this division. (2) Funds collected and deposited into the Underground Storage Tank Compliance and Corrective Action Fund may be used to make reduced interest rate payments. The Department will pay to the lender all valid claims for interest rate payments to the commercial lending institutions against UST Reduced Interest Rate Confirmation letter. A lender can claim reduced interest rate payment on a calendar quarter basis. (3) The applicant may not assign any right, title, and interest in the reduced interest rate certificate or confirmation letter to any person other than a subsequent property owner, tank owner or permittee of the underground storage tank facility. (4) UST Reduced Interest Rate Certificates shall be valid for one year from the date of issue. A certificate may be renewed subject to availability of funds from the USTCCA fund. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863, Sec. 6 & 6a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-178-0060 Interest Rate Payment Confirmation The Department shall issue an interest rate payment confirmation letter to a lender where the lender has provided a loan to provide UST project work where: (1) A reduced interest rate certificate has been issued to the loan applicant; (2) The borrower’s interest rate and the lender’s interest rate meet the requirements of these rules; (3) The maturity date of the loan does not exceed 20 years from the initial loan closing date; (4) The commercial lending institution has approved the loan, subject to receiving the loan guarantee confirmation letter from the Department; and (5) The lender’s interest rate has been provided to the Department. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863, Sec. 6 & 6a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-178-0070 Notice of Default or Termination Any commercial lending institution administering a reduced interest rate loan under this Division shall notify the Department in writing within 30 days after loan default or termination. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863, Sec. 6 & 6a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-178-0080 Appeal Procedures An applicant may appeal determinations by the Department under these rules, in accordance with OAR 340-172-0110, by sending a written request for a formal contested case hearing within 20 days after the Department issues a reduced interest rate certificate or denies a reduced interest rate application. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863, Sec. 6 & 6a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-180-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 through 466.835 and 466.895 through 466.995 as amended by Chapter 1071, Oregon Laws, 1989 (House Bill 3080) and Chapter 863, Oregon Laws, 1991 (Senate Bill 1215). (2) The purpose of these rules is to provide for the regulation of: (a) Persons who receive guaranteed loans for soil remediation, upgrading of underground storage tanks, and replacement of underground storage tanks where the underground storage tanks contain motor fuel and are regulated by ORS 466.706 through 466.835 and 466.895 through 466.995; to provide assistance to owners of underground storage tanks in meeting Environmental Protection Agency requirements and obtaining financial responsibility coverage; and (b) Commercial lending institutions who issue guaranteed underground storage tank loans. (3) These rules establish requirements and standards for: (a) Loan guarantees of up to 80 percent of the loan principal not to exceed $64,000 for UST upgrading, UST replacement, and soil remediation; (b) Applying and qualifying for a guaranteed loan through a commercial lending institution; (c) Loan interest rates; (d) Applying and qualifying for interest rate subsidies to commercial lending institutions; (e) Loan default; and (f) Administration and enforcement of these rules by the Department. (4) Scope: (a) OAR 340-180-0005 through 340-180-0080 applies to persons who receive loan guarantee certificates and loan guarantees for soil remediation, underground storage tank upgrading, and underground storage tank replacement; (b) OAR 340-180-0090 through 340-180-0110 applies to persons who receive tax credit certificates and loan interest rate subsidies on loans for soil remediation, underground storage tank upgrading, and underground storage tank replacement; (c) OAR 340-180-0120 applies to persons seeking a written notice of compliance from the Department for soil remediation. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 118-2018, minor correction filed 04/11/2018, effective 04/11/2018 DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91 DEQ 13-1990, f. & cert. ef. 3-13-90 DEQ 25-1989(Temp), f. & cert. ef. 10-26-89
340-180-0030 General Provisions Guaranteed Underground Storage Tank Facility Loan (1) Property owners, tank owners, and permittees of a UST facility that contains motor fuel may qualify to receive a guaranteed loan for soil remediation, UST upgrading, and UST replacement. (2) The applicant for a guaranteed loan shall provide a minimum down payment of 20 percent. (3) The guaranteed loan must be issued by a commercial lending institution. (4) The loan guarantee provided by the Department may be up to 80 percent of the loan principal, not to exceed $64,000 at any facility location. NOTE: For example, for a $50,000 UST project, the applicant must provide a minimum 20 percent down payment ($10,000), the commercial lending institution may loan the remaining 80 percent ($40,000), and the Department may only guarantee 80 percent of the amount of money loaned. In this case the loan guarantee would be $32,000. (5) Loan guarantees shall be issued in a priority order, in accordance with OAR 340-180-0020 and 340-180-0060. (6) Only one loan guarantee may be issued to each facility. (7) The loan guarantee is limited to work for soil remediation at a facility where USTs contain motor fuel and work to upgrade or replace the underground storage tank systems containing an accumulation of motor fuel located at a facility where: (a) The USTs are regulated by OAR 340, division 150; (b) UST system upgrading, retrofitting and replacement is performed by licensed service providers in accordance with OAR 340-160-0005 through 340-160-0150; (c) UST tightness testing and/or soil assessment was performed prior to issuance of a loan guarantee; (d) Performance of UST tightness testing and/or soil assessment was in accordance with OAR 340-170-0010 through 340-170-0080; (e) Each regulated underground storage tank has a valid UST permit; and (f) Work started after September 1, 1989 and is completed by August 31. (8) Loan guarantees are not available to pay for soil remediation at a facility undergoing decommissioning, including tank removal or where tanks are being filled in place. (9) Money from a loan guaranteed by the Department shall only be used for labor, material and equipment listed on the Department published eligible expense list. Statutory/Other Authority: ORS 466.706 - 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 13-1990, f. & cert. ef. 3-13-90 DEQ 25-1989(Temp), f. & cert. ef. 10-26-89
340-180-0040 Application for Underground Storage Tank Loan Guarantee Certificate (1) Any person wishing to apply for a loan guarantee certificate for an underground storage tank loan shall submit a written application on a form provided by the Department. Applications shall be submitted within 180 days after completion of the UST tightness testing and/or soil assessment. All applications must be complete. (2) Applications which are unsigned or which do not contain the required exhibits (clearly identified) will not be accepted by the Department and will be promptly returned to the applicant for completion. The application will not be considered complete until the requested information is received. The application will be considered to be withdrawn if the applicant fails to submit the requested information within 180 days of the request. (3) Applications which are complete will be accepted by the Department for processing. (4) Within 30 days after the application is determined complete, the Department will: (a) Assign a priority category; and (b) Establish a loan guarantee amount. (5) If, upon review of an application, the Department determines that the loan guarantee application does not meet the requirements of the statutes and rules, the Department shall notify the applicant in writing of this determination. Such notification shall constitute final action by the Department on this application. Statutory/Other Authority: ORS 466.706 - 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 13-1990, f. & cert. ef. 3-13-90 DEQ 25-1989(Temp), f. & cert. ef. 10-26-89
340-180-0060 Loan Guarantee Certificate (1) In accordance with this part, the Department shall issue a loan guarantee certificate to an applicant who has filed a complete application. (2) At the beginning of each month the Department shall determine the portion of the funds in the Underground Storage Tank Compliance and Corrective Action Fund that shall be used for the expenses of approved loan guarantee applications during the month. The portion dedicated to the loan guarantee expenses shall be distributed in the following manner: (a) Sixty percent of the month funds shall be set aside for the expenses of category “A” loan guarantees; (b) Thirty percent of the month funds shall be set aside for the expenses of category “B” loan guarantees; (c) Ten percent of the month funds shall be set aside for the expenses of category “C” loan guarantees; (d) Funds set aside within a category during any month shall be used to provide loan guarantee certificates for loan applications received during the previous month, first providing loan guarantee certificates to applications with the highest numerical ranking within the category, then to applications with the next highest numerical ranking within the category, and so on in numerical order, except: (A) Within a category, any loan guarantee application not receiving a loan guarantee certificate during a month shall receive a loan guarantee certificate before any new application received during any subsequent month; (B) Where loan applications have the same numerical ranking, the loan application with the earliest filing date shall receive a loan guarantee certificate first. (e) At the end of the month, funds not used to provide loan guarantee certificates shall be added to the funds the Department makes available during the next month; (f) Loan guarantee applications within a category that do not receive a loan guarantee certificate within the current month shall be funded first in time and in priority order within that category during the following month, and so on in subsequent months. (3) The loan applicant may not assign any right, title, and interest in the loan guarantee certificate or the loan guarantee to any person other than a subsequent property owner, tank owner or permittee of the underground storage tank facility. (4) Loan guarantee certificates shall be valid for 180 days or the termination date shown on the loan guarantee certificate. Statutory/Other Authority: ORS 466.706 - 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 13-1990, f. & cert. ef. 3-13-90 DEQ 25-1989(Temp), f. & cert. ef. 10-26-89
340-180-0080 Notice of Default on a Guaranteed Loan (1) Any commercial leading institution wishing to obtain payment from the Department under the Department’s loan guarantee shall provide the following: (a) Written notice from the commercial lending institution in the form of a demand for payment of the loan guarantee, stating: (A) The guaranteed loan to the borrower is in default; (B) The commercial lending institution has made a good faith effort to work with the borrower, using the institution’s established procedures, to bring the loan back into good standing; (C) Demand for payment in full has been made to the borrower by the commercial lending institution; and (D) The borrower has not paid the loan in full. (b) The demand for payment of the loan guarantee shall include: (A) A copy of the demand letter to the borrower from the commercial lending institution; and (B) A statement showing the principal balance outstanding on the date the demand letter was sent to the borrower. (2) Subject to the availability of funds from the Underground Storage Tank Compliance and Corrective Action Fund, the Department shall, within 30 days after receipt of the default notice: (a) Pay to the commercial lending institution the lesser of: (A) The amount guaranteed by the Department; or (B) The principal balance outstanding on the date the commercial lending institution sent the default notice to the Department; or (b) Where agreed upon by the commercial lending institution and where the borrower is unable to pay, the Department may make partial principal payments of the loan guarantee equal to the monthly loan principal payment for up to twelve monthly loan payments. If the loan is still in default after the Department has made twelve monthly payments, the Department will pay the loan guarantee, pursuant to subsection (2)(a) of this rule. (3) If the commercial lending institution receives payment of the loan, in whole or in part, after the date of the default notice, the commercial lending institution shall promptly notify the Department in writing of such payment. (4) Once the Department has paid the loan guarantee certificate in whole or in part, the commercial lending institution shall reimburse the Department for any collection of the principal portion on the unpaid loan at the guarantee percentage shown on the loan guarantee certificate. The reimbursement shall be in legal tender. The expenses of collection may be deducted from the reimbursement paid to the Department. (5) The Department understands that collection may consist of cash, securities, notes, personal property, real property or any other form of payment accepted by the commercial lending institution. The reimbursement to the Department shall be after the collection has been converted to legal tender. Payment to the Department by the commercial lending institution shall be made within thirty days after any collection is converted into legal tender. Statutory/Other Authority: ORS 466.706 - 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 13-1990, f. & cert. ef. 3-13-90 DEQ 25-1989(Temp), f. & cert. ef. 10-26-89