345-022-0050 Retirement and Financial Assurance T o i ss u e a si t e ce r ti f i ca t e, t h e C o u n c i l m us t f i n d t h a t : ( 1 ) T h e s i t e, t a ki n g i n t o a cc ou n t m it i g a t i on , can b e re st o r e d a d e q u a t e l y t o a us e f u l, n o n - h az a r do u s c o n d i t i o n f o l lo w i n g p er m a n e n t ce s s a t io n o f c o n st r u c t io n o r o p era ti o n o f th e f ac il it y . (2) To assist the Council in determining whether the standard outlined in (1) has been met , the Applicant must submit information about site restoration, providing evidence to support a finding by the Council as required by this rule. The applicant must include: (a) The estimated useful life of the proposed facility; (b) Specific actions and tasks to restore the site to a useful, non-hazardous condition; (c) An estimate, in current dollars, of the total and unit costs of restoring the site to a useful, non-hazardous condition; (d) A discussion and justification of the methods and assumptions used to estimate site restoration costs; and (e) For facilities that might produce site contamination by hazardous materials, a proposed monitoring plan, such as periodic environmental site assessment and reporting, or an explanation why a monitoring plan is unnecessary. ( 3 ) T h e a p p l i c a n t h a s a rea so n a b l e l i k e l iho o d o f ob t a in i n g a b on d o r l e tt er o f c r e d it i n a f o rm a n d a m ou n t s a t i s fa c to ry t o th e C o u n c i l t o r e s t o re t h e s it e t o a u s e f ul , n o n - h aza r d o u s c o nd i t i o n. (4) To assist the Council in determining whether the standard outlined in (3) has been met , the Applicant must submit information: (a) about the applicant’s financial capability, providing evidence to support a finding by the Council as required by OAR 345-022-0050(2). Nothing in this section requires the disclosure of information or records protected from public disclosure by any provision of state or federal law. The applicant must include: (A) An opinion or opinions from legal counsel stating that, to counsel's best knowledge, the applicant has the legal authority to construct and operate the facility without violating its bond indenture provisions, articles of incorporation, common stock covenants, or similar agreements; (B) The type and amount of the applicant’s proposed bond or letter of credit to meet the requirements of OAR 345-022-0050; and (C) Evidence that the applicant has a reasonable likelihood of obtaining the proposed bond or letter of credit in the amount proposed in paragraph (B), before beginning construction of the facility. (b) A materials analysis, including: (A) An inventory of substantial quantities of industrial materials flowing into and out of the proposed facility during construction and operation; (B) The applicant's plans to manage hazardous substances during construction and operation, including measures to prevent and contain spills; and (C) The applicant's plans to manage non-hazardous waste materials during construction and operation. Statutory/Other Authority: ORS 469.470 & 469.501 Statutes/Other Implemented: ORS 469.501 History: EFSC 2-2025, amend filed 04/02/2025, effective 04/02/2025 EFSC 1-2002, f. & cert. ef. 4-3-02 EFSC 2-1999, f. & cert. ef. 4-14-99 EFSC 3-1995, f. & cert. ef. 11-16-95 EFSC 5-1994, f. & cert. ef. 11-30-94 EFCS 2-1994, f. & cert. ef. 5-6-94 EFCS 1-1994, f. & cert. ef. 1-28-94 EFCS 5-1993(Temp), f. & cert. ef. 8-16-93 EFSC 1-1993, f. & cert. ef. 1-15-93, Renumbered from 345-079-0130, 345-080-0085, 345-100-0054, 345-111-0065, 345-115-0054 & 345-125-0095 EFSC 7-1986, f. & cert. ef. 9-18-86 EFSC 4-1986, f. & cert. ef. 9-5-86 EFSC 2-1981, f. & cert. ef. 1-19-81 EFSC 1-1981, f. & cert. ef. 1-19-81 EFSC 6-1980, f. & cert. ef. 8-26-80