justicedao/ipfs_state_laws huggingface dataset:
340-170-0070 Information Required on the Reimbursement Grant Application (1) The reimbursement grant application shall include: (a) The name and mailing address of the grant applicant; (b) The signatures of the property owner, the tank owner and the permittee; (c) The UST facility name and location; (d) The UST permit numbers; (e) The date of the application; (f) The date of the UST tightness testing and soil assessment; (g) The name of the persons performing UST tightness testing and soil assessment; (h) Description of the assessed area including a sketch showing, but not limited to, property boundaries, location of structures, location and identification of tanks including tank contents and tanks tested, and identification of soil assessment sites; (i) Assessment findings including, but not limited to, results of laboratory tests, UST tightness testing results, soil matrix calculations (OAR 340-122-0325) and the site inspection results where the underground storage tank remained in place during the assessment; (j) The actual cost of UST tightness testing and soil assessment. NOTE: Actual costs include, but are not limited to, paid invoice with related canceled check or vendor receipt if cash payment was made. (2) The Department shall have access to books, documents, papers and records of the applicant which are directly pertinent to qualifying for the reimbursement grant for the purpose of making audit, examination, excerpts and transcripts. The applicant shall maintain these records for three years after the reimbursement grant payment date. Statutory/Other Authority: ORS 466.706 - 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 12-1990, f. & cert. ef. 3-13-90 DEQ 21-1989(Temp), f. & cert. ef. 9-18-89
340-170-0080 Reimbursement Grant Payment (1) Upon approval of the reimbursement grant application the Department shall determine if sufficient grant funds are available in the Underground Storage Tank Compliance and Corrective Action Fund to make the reimbursement grant payment. (2) Reimbursement grant applications will qualify for payment on a first come first serve basis based upon the date of receipt of the complete application. (3) Where the Department determines that grant funds are available, the reimbursement payment will be made after approval of the reimbursement grant application. Reimbursement grant payments will be prioritized by date of receipt of a complete grant application. (4) Where the Department determines that grant funds are not available, payment will be made as soon as funds are available from the Underground Storage Tank Compliance and Corrective Action Fund. The Department shall notify the applicant in writing that payment of the reimbursement grant will be delayed until funds become available. (5) The Department and State of Oregon are not obligated to pay the reimbursement grant if grant funds are not available. (6) The reimbursement grant payment will be by warrant to the reimbursement grant applicant. NOTE: At this time, the amount of revenue projected to be available for the reimbursement grant program is $3,390,000. If each applicant receives the maximum allowable reimbursement grant of $3,000 per facility location, the Department can provide 1130 reimbursement grants. (7) Upon payment of the reimbursement grant payment, the Department will issue a written notice of compliance indicating that the assessment and testing have been conducted in accordance with requirements of the Department. Statutory/Other Authority: ORS 466.706 - 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 12-1990, f. & cert. ef. 3-13-90 DEQ 21-1989(Temp), f. & cert. ef. 9-18-89
340-172-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 to 466.835 as amended by Chapter 863, Oregon Laws, 1991 (Senate Bill 1215). (2) The purpose of these rules is to: (a) Provide for the regulation of persons who receive financial assistance for UST project work and buying UST insurance for underground storage tank facilities that hold or have held an accumulation of motor fuel for resale; and (b) Provide financial assistance to persons owning or responsible for underground storage tanks that hold or have held an accumulation of motor fuel for resale and are regulated by ORS 466.706 to 466.835 and federal regulations 40 CFR 280. (3) These rules establish requirements and procedures for: (a) Applying and qualifying for financial assistance; and (b) Administration and enforcement of these rules by the Department. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: ORS Sec. 7, OL 1991 & Ch. 863 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-172-0015 Interim Program Benefits Financial Assistance Program applications approved and confirmed for funding between July 1, 1993 and July 1, 1995 can only qualify for an essential services grant. Statutory/Other Authority: OL 1993 & Ch. 661 Statutes/Other Implemented: OL 1991, Ch. 863 & OL 1993 & Ch. 661 History: DEQ 8-1994, f. & cert. ef. 3-22-94 DEQ 21-1993, f. & cert. ef. 11-9-93
340-172-0025 Documents Required to Receive Financial Assistance (1) To receive financial assistance under this program an applicant must submit: (a) The combination of: (A) On or before April 1, 1994, a Letter of Intent to apply for financial assistance, Appendix 2 of these rules; and (B) On or before October 1, 1996, an application for financial assistance, described by these rules. (b) On or before April 1, 1994, an application for financial assistance, described by these rules. (2) To receive financial assistance under this program an applicant must submit, on or before October 1, 1994, a signed Consent Agreement, Appendix 3 of these rules. NOTE: Applications previously submitted under Chapter 1071, Oregon Laws 1989, (HB 3080) will not meet the requirements of this rule. A new application is needed. (3) To qualify for an essential services grant an applicant must sign a property lien agreement or equivalent agreement as required by OAR 340-175-0055. (4) Persons who filed a Letter of Intent by April 1, 1992 are not required to file the Letter of Intent required by paragraph (1)(a)(A) of this rule. The Department will recognize a Letter of Intent filed by April 1, 1992 as complying with the present filing requirements. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: OL 1993 & Ch. 661 Statutes/Other Implemented: OL 1991, Ch. 863 & OL 1993 & Ch. 661 History: DEQ 8-1994, f. & cert. ef. 3-22-94 DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-172-0030 Application Process for UST Financial Assistance (1) Any person wishing to obtain UST financial assistance from the Department shall submit a written application on a form provided by the Department. Applications must be submitted no later than October 1, 1996. All application forms must be completed in full, and accompanied by all required attachments (to be considered with the application). (2) Applications which are unsigned or which do not contain the required attachments will not be considered complete by the Department. The application will not be considered complete until the requested information is received. (3) After the application is determined complete, and reviewed by the Department and found to be in compliance with these rules, the Department will, where applicable: (a) Issue a loan guarantee certificate; (b) Issue a reduced interest rate certificate; (c) Issue an insurance premium copayment certificate; (d) Issue a pollution prevention or essential services grant certificate. (4) If, upon review of an application, the Department determines that the application does not meet the requirements of the statutes and rules, the Department shall notify the applicant in writing of this determination. (5) Determinations by the Department may be appealed pursuant to OAR 340-172-0110. Statutory/Other Authority: OL 1993 & Ch. 661 Statutes/Other Implemented: OL 1991, Ch. 863 & OL 1993 & Ch. 661 History: DEQ 8-1994, f. & cert. ef. 3-22-94 DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-172-0060 Notice of Compliance with Cleanup Standards (1) The Department will issue a written notice of compliance with the Department’s soil and groundwater cleanup standards where no cleanup is required, the results show compliance with applicable standards and the applicant has completed: (a) The site assessment requirements in OAR 340-172-0050; or (b) The UST closure requirements in OAR 340, division 150. (2) The Department will issue a written notice of compliance with the Department’s soil and groundwater cleanup standards where cleanup of soil and cleanup of groundwater has been performed in accordance with and meets the requirements of OAR 340, division 122. (3) Within 30 days after receipt of a complete decommissioning report or a complete site assessment report, the Department will determine if the facility meets the Department’s cleanup standards and will provide a written determination of compliance. Incomplete reports will be returned to the applicant. (4) Within 90 days after successful completion of correction action and receipt of a final corrective action report, the Department will determine if the facility meets the Department’s cleanup standards and will provide a written determination of compliance. Incomplete reports will be returned to the applicant. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: 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
340-172-0080 Financial Assistance Priority Monies, other than monies necessary to pay the Department’s program administration expenses, will be allocated in the following priority order: (1) First to satisfy the 1993–1995 biennial obligations for the financial assistance commitments made prior to July 1, 1993 under 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) Second to fund Tier 4 UST project work allowed under these rules on a first come, first serve basis, based upon the date of Department determination of a complete application. Statutory/Other Authority: OL 1993 & Ch. 661 Statutes/Other Implemented: OL 1991, Ch. 863 & OL 1993 & Ch. 661 History: DEQ 8-1994, f. & cert. ef. 3-22-94 DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-172-0090 Financial Responsibility (1) Applicants receiving UST financial assistance under these rules must demonstrate compliance with the financial responsibility requirements of OAR 340-174-0060 and division 150 within 60 days of the Department issuing a letter requiring demonstration of financial responsibility pursuant to OAR 340, division 174. (2) The applicant shall request copayment from the Department within 30 days after receipt of the letter requiring demonstration of financial assistance. The request shall conform to the requirements of OAR 340, division 174. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: 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
340-172-0100 Records The Department and commercial lending institutions shall have access to books, documents, papers and records of the applicant which are directly pertinent to qualifying for financial assistance for the purpose of making audit, examination, excerpts and transcripts. The applicant shall maintain these records for three years after upgrading the UST to new tank standards, replacement of the UST, or completion of the AST project. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: 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
340-172-0110 Appeal Procedures (1) If an applicant disagrees with the Department’s decision regarding financial assistance for that applicant under these rules, the applicant may request a formal contested case hearing in accordance with ORS 183.310 through 183.550 and rules promulgated thereunder. (2) A request for a formal contested case hearing shall be in writing and received by the Department within 20 days after the Department awards or denies financial assistance: The request for a formal contested case hearing must include: (a) The name, mailing address and telephone number of the requestor; and (b) A brief, clear summary of the reasons for requesting the hearing. (3) In addition to requesting a contested case hearing, the Department encourages the requestor to ask for an informal review to resolve the disagreement. The informal review will be held at a time and place agreed upon by the Department and the requestor within 30 days after the Department receives the request for formal contested case hearing. The Department shall send a meeting notice to all review committee members; and by certified mail, return receipt requested, to the requestor. (4) The Department informal review committee shall be: (a) The UST Compliance Section Manager; (b) The UST Project Reviewer or the UST Regional Advisor; and (c) The Finance Section Manager. The Finance Section Manager shall serve as chair. (5) The requestor shall have the opportunity before and during the informal review to provide any additional relevant information. The requestor may be accompanied by persons involved in the UST project work such as licensed public accountant, project manager, consultant, licensed service provider or supervisor. (6) When applicable, the Department will issue an amended determination and corresponding certificates based on the recommendation of the informal review committee within 30 days after completion of the informal review. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: 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
340-172-0120 Enforcement (1) Where a person who is the tank owner, property owner or permittee has submitted a financial assistance application or has filed a signed Letter of Intent or Consent Agreement (Appendix 3), in accordance with these rules, the facility shall not be subject to enforcement action of the technical or financial responsibility requirements of OAR 340, division 150 on the UST facility if the person has made a good faith effort to either secure a confirmation letter for UST project work by December 31, 1996 or permanently close the UST facility on or before December 31, 1996 except for: (a) UST permit requirements, including permit fees; (b) Corrective action requirements in the event of an imminent hazard, as defined in OAR 340-172-0010(17); (c) Permanent decommissioning requirements where the applicant permanently decommissions a UST at the UST facility; (d) Leak detection requirements. The person signing the Consent Agreement must provide monthly inventory records to the Department, on a form provided by the Department when requested by the Department, for each UST using manual inventory or daily inventory with monthly reconciliation as the sole method of leak detection; and (e) The requirements of the signed Consent Agreement. (2) The Consent Agreement will be in force through December 31, 1996 or 60 days after the UST project work is complete, whichever comes first. (3) The person signing the consent agreement must: (a) Report all suspected releases to the Department of Environmental Quality within 24 hours and investigate all suspected releases; (b) Report all confirmed releases to the Department of Environmental Quality within 24 hours; (c) Upon confirmation of a release take immediate action to prevent any further release of motor fuel into the environment; (d) Determine whether an imminent hazard exists through adequate investigation and testing; and (e) Take appropriate corrective action in accordance with OAR 340, divisions 122 and 150 in the event of an imminent hazard as defined in OAR 340-172-0010(17). [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: OL 1993 & Ch. 661 Statutes/Other Implemented: OL 1991 & Ch. 863 History: DEQ 8-1994, f. & cert. ef. 3-22-94 DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-172-0130 Enforcement and Termination of Financial Assistance (1) The Department may terminate financial assistance and require repayment of any financial assistance by any person receiving financial assistance under these rules if the person: (a) Fraudulently obtains or attempts to obtain financial assistance; (b) Knowingly fails to report any release of a regulated substance at the UST facility as required by OAR 340-122-0220 if the release occurred before or after filing an application under these rules; (c) Is ordered by the Department to comply with the requirements of chapter 340, divisions 172, 174, 175, 176 and 178 and applicable underground storage tank regulations in OAR 340, divisions 122, 150, 160, and 162; or (d) A civil penalty is assessed by the Director. (2) A written determination to terminate financial assistance shall be made by the Department for each affected facility and shall identify the facility, the UST project work, the financial assistance benefits, the persons responsible for repayment of the financial assistance, and the schedule for repayment of the financial assistance monies to the Department. Repayment shall be required for all monies expended for financial assistance under these rules including fees paid by the Department directly related to financial assistance at this facility. (3) Any person applying for assistance or receiving financial assistance under there rules is subject to the enforcement requirements of ORS 466.895 and 466.995 and OAR 340, division 12. (4) Any person subject to enforcement under this section may appeal the enforcement action in accordance with OAR 340-172-0110 and OAR 340, division 11. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: 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
340-172-0140 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 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. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: 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
340-174-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 to 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 assistance for copayment of insurance to meet underground storage tank (UST) financial responsibility requirements at facilities with UST project work; and (b) Regulate the procedures for providing copayment to insurers for insurance to meet the underground storage tank financial responsibility requirements at facilities with UST project work. (3) These rules establish requirements, standards or procedures for: (a) Qualifying and applying for copayment assistance to meet the UST financial responsibility requirements; (b) Copayment to insurer; (c) Financial responsibility; and (d) Administration and enforcement of these rules by the Department. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 38 - 40 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-174-0010 Definitions The definitions in OAR 340-172-0010 and the following definitions apply to these rules. (1) “Insurer” means insurance agent, producing agent or company providing underground storage tank insurance meeting state and federal underground storage tank financial responsibility requirements. (2) “Premium” means cost of insurance coverage including insurance taxes, fees and surplus line fees. (3) “Insurer’s Written Quote” means a quote for UST insurance coverage on a letterhead of a state admitted insurance company, registered risk retention group, or a surplus lines agent licensed to do business in Oregon. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 38 - 40 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-174-0030 General Provisions, Insurance Copayment (1) A person qualifying under OAR 340, division 172 and these rules may receive assistance in buying insurance that meets the UST financial responsibility requirements at UST facilities holding an accumulation of motor fuel for resale. (2) An insurer must have filed information with the Oregon Department of Insurance and Finance in accordance with ORS 466.706 through 466.835 as amended by Chapter 863, Oregon Laws, 1991 (Senate Bill 1215). (3) Only one insurance copayment certificate may be issued to each facility location. The insurance copayment shall cover all USTs at a facility location. (4) An applicant may qualify for insurance copayment benefits at more than one UST facility location. (5) Copayment for insurance will be made by a warrant (check) issued to both the applicant and the insurer for each policy year of eligibility. (6) Copayment of insurance shall not be accepted by the insurer until the applicant pays the remaining portion of the insurance premium so that in combination with the copayment it provides 100 percent binding of UST financial responsibility insurance coverage. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: Sec. 38 - 43a, Ch. 863 & OL 1991 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91