justicedao/ipfs_state_laws huggingface dataset:
340-174-0040 Application for UST Insurance Copayment Certificate Any person wishing to apply for insurance copayment assistance under these rules shall submit a written application in accordance with OAR 340, division 172. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 38 - 43a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-174-0050 Additional Information Required on the UST Financial Assistance Application In addition to the requirements of OAR 340-172-0040, the UST financial assistance application shall include a copy of the insurer’s written quote agreeing to provide UST financial responsibility coverage for the UST project described on the application. The insurer’s written quote shall include: (1) Name and address of the insurance company or surplus lines agent. (2) Name, address and telephone number of the Oregon representative of the insurer. (3) The name, signature, address, and telephone number of the Oregon licensed insurance agent. (4) Conditions of insurance coverage. (5) Estimated cost of annual coverage for the facility. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 38 - 43a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-174-0055 Insurance Copayment Certificate of Eligibility (1) The Department shall issue an insurance copayment certificate to an applicant who has filed a complete application and meets the requirements of OAR 340, division 172 and these rules. (2) The copayment benefits will start on the latter of: (a) The date the project is certified complete by the Department; or (b) The date the insurance is in effect. (3) The applicant may not assign any right, title, and interest in the insurance copayment certificate to any person other than a subsequent property owner, tank owner or permittee of the underground storage tank facility. (4) Insurance copayment certificates shall be valid for one year from the date of issue. An insurance copayment certificate may be renewed subject to availability of funds from the USTCCA fund. (5) The applicant and the insurer are subject to the conditions on the insurance copayment certificate. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 38 - 43a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-174-0060 Requirement of Financial Responsibility (1) The applicant shall provide proof of financial responsibility for cleanup of releases from the underground storage tank and any third party damages resulting from releases from the underground storage tank as required in OAR 340, division 150 and federal regulation 40 CFR 280 and 340-174-0065. (2) The proof of financial responsibility shall be documented by an insurance coverage policy provided by an insurer containing the information listed in OAR 340-174-0070(1)(e)(A)–(F). Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: 1991, Ch. 863 & Sec. 38 - 43a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-174-0065 UST Insurance Requirements Letter A UST insurance requirements letter will be issued to the applicant upon completion of UST project work performed in accordance with OAR 340, divisions 122 and 150 or upon receiving financial assistance for UST project work completed prior to October 1, 1991. This letter will require the applicant to obtain financial responsibility coverage in accordance with these rules and will allow the applicant to receive insurance copayment benefits. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 38 - 43a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-174-0070 Insurance Copayment (1) In accordance with the insurance copayment certificate and these rules, the Department will pay a portion of the insurance cost to the UST insurer where: (a) Insurance copayment confirmation and insurance required letters have been issued to the applicant; (b) All USTs at a facility meet the requirements of OAR 340, divisions 122 and 150 or the applicant is in compliance with a compliance schedule to complete a groundwater corrective action plan; (c) The Department received a copy of the insurance invoice; (d) The billing period is for insurance coverage during the policy year; and (e) Insurance coverage is certified by the insurer. The certification shall include: (A) The insured’s name, business name and address; (B) The UST facilities covered by the insurance, complete with name and address of each facility; (C) Policy year; (D) Limits of coverage; (E) Total premium and premium for each facility; and (F) Cancellation and reinstatement terms. (2) The Department will copay the insurer within 30 days after receiving a completed invoice for the initial premium, the annual premium or an additional premium. Incomplete invoices will be returned to the insurer for completion. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 38 - 43a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-174-0080 Insurance Cancellation and Termination (1) The insurance copayment benefits will terminate: (a) Upon termination of insurance coverage; or (b) When the applicant sells or otherwise transfers interest in the facility. (2) An insurer receiving copayment shall notify the Department within 15 days after sending a notice of intent to cancel to the insured. This notice shall describe the reason for the intent to cancel. (3) An insurer receiving copayment under these rules shall notify the Department within 30 days after insurance coverage has been terminated or cancelled. The notice written shall include: (a) A list of the UST facilities no longer insured; (b) The reason for cancellation or termination; (c) The effective date of cancellation or termination; and (d) The return of premium amount. (4) Within 30 days after receiving a returned insurance premium, the applicant must return the copayment portion to the Department. (5) When returning premiums copaid under these rules, the insurer shall pay the returned premium in the form of a check with payment to both the insured and the Department. (6) The copayment of insurance is subject to monies being available from the Underground Storage Tank Insurance Fund. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 38 - 43a History: DEQ 112-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-174-0090 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 1991, Ch. 863 & Sec. 38 - 43a History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-175-0005 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 and scope of OAR 340-175-0005 to 340-175-0110 is to provide for the regulation of persons who apply for and receive a grant for UST project work and persons who disburse grant funds. (3) These rules establish requirements, standards or procedures for: (a) Applying and qualifying for a grant; and (b) 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. 7 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-175-0010 Definitions (1) The definitions in OAR 340-172-0010 and the following definition apply to these rules. (2) “Disbursing Agent” means lender or other person designated by the Department to disburse grant funds. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: ORS 466.746 & OL 1991, Ch. 863 & Sec. 7 History: DEQ 113-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-175-0020 Grant Benefits (1) A pollution prevention grant will fund up to 50 percent not to exceed $50,000 of UST project work. (2) An essential services grant will fund up to 75 percent not to exceed $75,000 of UST project work. Statutory/Other Authority: OL 1993 & Ch. 661 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 6 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
340-175-0030 General Provisions, Grants (1) A person qualifying for Tier 3 UST financial assistance under OAR 340, division 172 and these rules may qualify for a pollution prevention grant to assist in payment for UST project work. (2) A person qualifying for Tier 4 UST financial assistance under OAR 340, division 172 and these rules may qualify for an essential services grant to assist in payment for UST project work. (3) Only one grant may be issued to each facility location. The grant shall cover all tanks at a facility location. (4) An applicant may qualify for grant benefits at more than one UST facility location. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863, Sec. 6 & 7 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-175-0040 Application for Grant Any person wishing to apply for a grant under these rules shall submit a written application in accordance with OAR 340, division 172. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 7 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-175-0050 Additional Information Required on the Financial Assistance Application In addition to the requirements of OAR 340-172-0040, the financial assistance application shall include: (1) Where the UST project work is partially or fully completed: (a) A description of the completed UST project work including the date the UST was placed into service; (b) Cost of completed UST project work; and (c) A description of all UST project work still to be done to meet new UST standards, including estimated cost and schedule of work. (2) A signed agreement meeting the requirements of OAR 340-175-0055. Statutory/Other Authority: OL 1993 & Ch. 661 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 7 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
340-175-0055 Documents Required to Receive an Essential Services Grant (1) Where a property owner receives an essential services grant under OAR 340-175-0030(2) the property owner must sign a property lien agreement, described by sections (2) and (3) of this rule. Where an applicant other than the property owner receives an essential services grant under 340-175-0030(2) and the property owner refuses to sign a property lien agreement the Department may allow an agreement meeting the requirements of sections (4)–(8) of this rule to be substituted for a property lien agreement where the Department finds the agreement provides financial security equivalent to a property lien agreement. (2) The signed Property Lien Agreement shall require the property owner to reimburse the underground storage tank essential services grant in full, to the Department, if the property or the business reselling motor fuel is sold within five years after the last payment of the essential services grant unless the purchaser of the property assumes the obligations of the property lien agreement. The purchaser shall be obligated under the property lien agreement for the five year period of the original agreement. (3) A property lien shall be recorded by the Department in the mortgage records of the county where the property is located. The property lien agreement shall be satisfied five years after the property lien agreement is signed by the property owner and the Department or when the essential services grant is repaid to the Department. (4) The agreement shall be signed by an individual, a natural person, who is the applicant for the essential services grant. (5) The applicant shall provide proof of their ability to repay the essential services grant if the facility business receiving the grant is resold within five years after the last payment of the essential services grant. (6) The Department shall find the agreement equivalent to the repayment security provided by a property lien agreement signed by the property owner. (7) The signed agreement shall require the applicant to reimburse the full amount of the underground storage tank essential services grant to the Department, if the property or the business reselling motor fuel is sold within five years after the last payment of the essential services grant unless the purchaser of the property assumes the obligations of the agreement. The purchaser shall be obligated under the agreement for the five-year period of the original agreement. (8) The agreement shall be satisfied five years after the agreement is signed by the applicant and the Department or when the essential services grant is repaid to the Department. Statutory/Other Authority: OL 1993 & Ch. 661 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 7 History: DEQ 114-2018, minor correction filed 04/10/2018, effective 04/10/2018 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
340-175-0060 Grant Certificate (1) The Department shall issue a grant certificate to an applicant who has filed a complete application and meets the requirements of OAR 340, division 172 and these rules. (2) Only one grant certificate shall be issued for each facility location. All tanks at a facility location shall be covered by the grant certificate. (3) An applicant may receive a grant certificate for more than one facility location. (4) The grant certificate obligates the Department to make payment to an applicant or in behalf of an applicant to a lender or a disbursing agent for UST project work, in accordance with these rules. (5) The applicant may not assign any right, title, and interest in the grant certificate to any person other than a subsequent property owner, tank owner or permittee of the underground storage tank facility. A lender or a disbursing agent may not assign any right, title, and interest in the grant certificate to any other person without express approval by the Department. (6) The grant certificate shall be valid for one year from the date of issue. A grant 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. 7 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-175-0065 Grant Confirmation The Department shall issue a grant confirmation letter to the applicant where a grant certificate has been issued and the UST project work remains eligible for financial assistance. The grant confirmation letter shall include but be limited to the following grant conditions. (1) Grant amount based upon the estimated UST project work cost in the financial assistance application. (2) Grant payment, including payment schedule. (3) Person or persons receiving grant. (4) Procedures for requesting grant payment. (5) Procedures for return of overpayment to the Department. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 7 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-175-0070 Grant Payment (1) Subject to the conditions listed on the grant confirmation letter, these rules and the availability of funds from the USTCCA fund, payment of funds will be made to: (a) The applicant directly where the UST project work is complete, meets the requirements of OAR 340, divisions 122 and 150 and was started after December 22, 1988 and completed before October 1, 1991 and provides proof of expenditures for UST project work. Proof may be in the form of copies of paid invoices, cancelled checks, or certification of eligible UST project costs by a licensed public accountant; (b) The applicant or indirectly to the applicant through a lender or other authorized disbursing agent where the UST project work is started after December 22, 1988 and the applicant receives a grant, loan guarantee, and/or a reduced interest rate confirmation letter under OAR 340, division 175, 176 or 178. (2) A grant shall be disbursed in accordance with instructions provided by the Department, as follows: (a) Up to $15,000 of the grant may be used for UST project work to discover and correct petroleum contamination including tank removal, site assessment, corrective action, and other UST project work; (b) Up to 90 percent of the grant may be disbursed for UST project work after the applicant provides to the Department proof that at least $10,000 of the funds disbursed under subsection (a) of this section have been spent to remove existing tanks, conduct site assessment, perform corrective action and complete other UST project work. Proof may be in the form of copies of paid invoices, cancelled checks, or certification of UST project costs by a licensed public accountant, lender or disbursing agent; (c) Final grant payment will be made upon submission of final project costs supported by copies of paid invoices, cancelled checks or certification of final project cost and calculation of the final grant amount by a licensed public accountant, lender or disbursing agent. NOTE: Eligible UST project costs are described in OAR 340-172-0020(5) and (6)(a). (3) The Department may require use of a disbursing agent to pay UST project costs, including but not limited to disbursing from an escrow account or other similar disbursement means. (4) The Department may pay grant funds directly to persons providing UST project work. (5) A property lien shall be filed in accordance with OAR 340-175-0055 where the applicant receives an essential services grant. (6) Grant funds not used for costs of UST project work in accordance with the grant confirmation letter shall be returned to the Department within 60 days after voluntary or involuntary termination of the UST project work. (7) The payment of the grant is subject to monies being allocated and being available from the Underground Storage Tank Compliance and Corrective Action Fund, per allocation system described in OAR 340-172-0080(2). Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 7 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-175-0080 Certification of Financial Responsibility The applicant receiving a grant under these rules shall comply with the financial responsibility requirements of OAR 340, division 174. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1991, Ch. 863 & Sec. 7 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-175-0110 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 1991, Ch. 863 & Sec. 7 History: DEQ 115-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91
340-176-0005 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 loan guarantees for UST project work at UST facilities holding or that previously held an accumulation of motor fuel for resale; and (b) Provide for the regulation of commercial lending institutions who issue guaranteed UST loans. (3) These rules establish requirements and standards for: (a) Loan guarantees for UST project work; (b) Applying and qualifying for a guaranteed loan through a commercial lending institution; (c) Loan default; 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 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
340-176-0010 Definitions (1) The definitions in OAR 340-172-0010 and the following definition apply to these rules. (2) “Collection Expenses” means out of pocket expenses, attorney fees, administrative expenses, filing fees, recording fees, and other expenses related to collection of unpaid loan monies. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: ORS 466.706 & 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
340-176-0030 General Provisions, Guaranteed Underground Storage Tank Facility Loan (1) The guaranteed loan must be issued by a commercial lending institution as defined in OAR 340, division 172. (2) Grant funds, described in OAR 340, division 175, may not be used to pay either the principal or interest portion of the guaranteed loan. 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
340-176-0040 Application for Underground Storage Tank Loan Guarantee Any person wishing to apply for a loan guarantee under these rules shall submit a written application in accordance with OAR 340, division 172. 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
340-176-0060 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 and meets the requirements of OAR 340, division 172 and this Division. (2) Only one loan guarantee certificate shall be issued for each facility location. All tanks at a facility location shall be covered by the loan guarantee certificate. (3) An applicant may receive a loan guarantee certificate for more than one facility location. (4) The loan applicant may not assign any right, title, and interest in the loan guarantee certificate to any person other than a subsequent property owner, tank owner or permittee of the underground storage tank facility. (5) Loan guarantee 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 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