reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 170 - UNDERGROUND STORAGE TANK REIMBURSEMENT GRANT PROGRAM › Section 340-170-0030 - Underground Storage Tank Tightness Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) UST tightness testing consists of testing
			 the underground storage tank and associated piping and equipment routinely in
			 contact with the ground for tightness against product leakage at normal
			 operating pressures.
(2) Tank
			 tightness testing must be capable of detecting a 0.1 gallon per hour leak rate
			 from any portion of the UST that routinely contains product while accounting
			 for the effects of thermal expansion or contraction of the product, vapor
			 pockets, tank deformation, evaporation or condensation, and the location of the
			 water table.
(3) Pipe tightness
			 testing, for that piping not tested during the tank tightness test, must be
			 capable of detecting a 0.1gallon per hour leak rate at one and one-half times
			 the operating pressure. Suction piping shall be tested at a positive pressure
			 equivalent to one and one-half times the negative operating pressure.
(4) The tank and pipe tightness testing
			 report shall contain the testing equipment manufacturers written performance
			 claims pertaining to the test used, and the manner in which these claims have
			 been justified or tested by the equipment manufacturer.
Stat. Auth.: ORS 466.706 -ORS 466.995
Stats. Implemented: OL 1989, Ch.
				  1071
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 170 - UNDERGROUND STORAGE TANK REIMBURSEMENT GRANT PROGRAM › Section 340-170-0050 - General Provisions, Underground Storage Tank Facility Reimbursement Grant

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The property
			 owner, tank owner, or permittee of an UST facility may qualify to receive an
			 UST tightness testing and soil assessment reimbursement grant at any facility
			 location.
(2) A facility location
			 may not receive more than one reimbursement grant.
(3) The reimbursement grant shall not exceed
			 the lesser of 50 percent of the costs for UST tightness testing and soil
			 assessment or $3,000 at any facility location.
(4) The reimbursement grant is limited to
			 investigating underground storage tank systems located at a facility:
(a) Where tanks contain motor fuel;
(b) Are regulated by OAR Chapter 340,
			 Division 150;
(c) Where UST
			 tightness testing is performed in accordance with OAR
			 340-160-0005  through
			 340-160-0150;
(d) Where UST tightness testing is performed
			 in accordance with these rules;
(e)
			 Where soil assessment is performed in accordance with OAR Chapter 340, Division
			 122 and these rules;
(f) Where soil
			 assessment is performed under the direction or supervision of a registered
			 professional engineer, registered geologist, or a certified professional soil
			 scientist (a soil scientist with certification and inclusion in the American
			 Registry of Certified Professionals in Agronomy, Crops, and Soils, Ltd.
			 (ARCPACS));
(g) Where soil
			 assessment and/or UST tightness testing is performed after September 1, 1989
			 and before October 1, 1991; and
(h)
			 Where regulated underground storage tanks have a valid UST permit.
NOTE:
The Department will not approve a grant where
				tanks are being permanently decommissioned, removed or filled in place. The
				legislature intended for the grants to assist operating motor fuel facilities
				attempting to comply with Federal/State underground storage tank
				regulations.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 170 - UNDERGROUND STORAGE TANK REIMBURSEMENT GRANT PROGRAM › Section 340-170-0060 - Application, Underground Storage Tank Facility Reimbursement Grant

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 wishing to obtain a reimbursement grant from the Department shall submit a
			 written application on a form provided by the Department. Applications must be
			 submitted no later than October 1, 1992. All application forms must be
			 completed in full, and accompanied by all required exhibits.
(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.
(4) Within 30 days after the application is
			 determined complete, the Department will approve the application if the UST
			 tightness testing and soil assessment meets all Department
			 requirements.
(5) In the event the
			 Department is unable to process an application within 30 days after the
			 application is considered complete by the Department, the applicant shall be
			 deemed to have received approval of the application. In no case, however, is
			 the Department obligated to reimburse more than 50 percent or $3,000, whichever
			 is the lesser amount.
(6) If, upon
			 review of an application, the Department determines that the reimbursement
			 grant 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 the
			 application.
Stat. Auth.: ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1989, Ch.
				  1071
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 170 - UNDERGROUND STORAGE TANK REIMBURSEMENT GRANT PROGRAM › Section 340-170-0070 - Information Required on the Reimbursement Grant Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 170 - UNDERGROUND STORAGE TANK REIMBURSEMENT GRANT PROGRAM › Section 340-170-0080 - Reimbursement Grant Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 466.706 -ORS 466.995
Stats. Implemented: OL 1989, Ch.
				  1071
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0005 - Authority, Purpose, and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Aboveground Storage Tank' or "AST' means
			 one or a combination of tanks that is used to contain an accumulation of motor
			 fuel for resale and is not an underground storage tank.
NOTE: Some examples of ASTs include:
-1- Tanks located entirely aboveground;
-2- Tanks located in vaults entirely
				aboveground;
-3- Tanks in a below ground vault where all portions of
				the tanks can be physically inspected. By contrast, a tank with ten percent or
				more of its volume covered by soil is an underground storage
				tank.
(2)
			 "Commercial Lending Institution' means any bank, mortgage banking company,
			 trust company, stock savings bank, saving and loan association, credit union,
			 national banking association, federal savings and loan association, cooperative
			 financial institution regulated by an agency of the Federal Government or this
			 state, or federal credit union maintaining an office in this state.
(3) "Commission' means the Environmental
			 Quality Commission.
(4) "Completed
			 Project' means UST that meets all the 1998 requirements of OAR 340, division
			 150 or an AST that meets all federal, state and local regulations for ASTs and
			 the property meets the cleanup levels in OAR 340, division 122.
(5) "Corrective Action' means remedial action
			 taken to protect the present or future public health, safety, welfare, or the
			 environment from a release of a regulated substance. "Corrective action'
			 includes but is not limited to:
(a) The
			 prevention, elimination, removal, abatement, control, minimization,
			 investigation, assessment, evaluation or monitoring of a hazard or potential
			 hazard or threat, including migration of a regulated substance; or
(b) Transportation, storage, treatment or
			 disposal of a regulated substance or contaminated material from a
			 site.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0015 - Interim Program Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth: OL 1993, Ch. 661
Stats. Implemented: OL 1991, Ch. 863 & OL 1993, Ch.
				  661
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0020 - General Provisions, UST Financial Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To qualify for financial assistance under
			 these rules, a person:
(a) Must be the owner
			 of the USTs at a facility holding or that held an accumulation of motor fuel
			 for resale; or
(b) Must be the
			 person responsible for the USTs at a facility holding or that held an
			 accumulation of motor fuel for resale. A person responsible for the USTs at the
			 facility must be:
(A) The property owner;
			 or
(B) The permittee of the
			 USTs.
(c) May be
			 required to demonstrate financial need.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0025 - Documents Required to Receive Financial Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0030 - Application Process for UST Financial Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0050 - Site Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 the Department finds the UST site meets the decommissioning requirements in OAR
			 Chapter 340, Division 150 or the cleanup standards described in OAR Chapter
			 340, Division 122 based upon currently available information, a person applying
			 for financial assistance must assess the site for contamination in accordance
			 with this section.
(2) One of the
			 following site assessments shall be conducted and submitted to the Department
			 for approval:
(a) A complete report of a site
			 assessment conducted after December 22, 1988;
(b) A site assessment following the sampling
			 method described in section (3) of this rule. The proposed sampling plan shall
			 be submitted to the Department for approval before initiating any
			 work;
(c) An alternate sampling
			 plan and site assessment procedure determined by the applicant and approved by
			 the Department before initiating any work.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0060 - Notice of Compliance with Cleanup Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Chapter 340, Division 150.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0070 - Determination and Conditions of Financial Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall determine the
			 applicant's financial assistance tier from:
(a) Information provided in the
			 application;
(b) The financial
			 ratios determined in accordance with OAR
			 340-172-0040(2)
 
			 by a licensed public accountant; and
(c) Tank ownership information available in
			 the Department's files or electronic database at the time of application. For
			 purposes of financial need, tank ownership shall include all tanks at all
			 facility locations with the same legal ownership such as sole proprietor, joint
			 ventures, partnerships, corporations or other similar business ownerships. In
			 the case of corporations, tank ownership shall include all tanks at all
			 facility locations owned by parent corporations and all wholly owned
			 subsidiaries of the parent corporation.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0080 - Financial Assistance Priority

Current through Register Vol. 63, No. 7, July 1, 2024
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 commit-ments made prior
			 to July 1, 1993 underORS 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.
Stat. Auth.: OL 1993, Ch. 661
Stats. Implemented: OL 1991, Ch. 863 & OL 1993, Ch.
				  661
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0090 - Financial Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Chapter 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 Chapter 340, Division 174.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1991, Ch.
				  863
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0100 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1991, Ch.
				  863
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0110 - Appeal Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(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 withORS 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0120 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Chapter 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0130 - Enforcement and Termination of Financial Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 Chapter 340, Divisions 122, 150, 160, and 162; or
(d) A civil penalty is assessed by the
			 Director.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 172 - UNDERGROUND STORAGE TANK FINANCIAL ASSISTANCE PROGRAM › Section 340-172-0140 - Cost Containment

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0005 - Authority, Purpose, and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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 chapter 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 466.706-466.895 &466.995
Stats. Implemented: OL 1991, Ch. 863, Sec. 38 -
				  40
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0020 - Insurance Copayment Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person eligible for Tier 2, 3, or 4 UST financial assistance under OAR
			 Chapter 340, Division 172 will qualify for UST insurance copayment assistance
			 upon receipt of a UST insurance copayment certificate.
(2) In addition to the requirements of
			 section (1) of this rule, where UST project work was started after December 22,
			 1988 and completed before December 31, 1993, a person qualifying for:
(a) Tier 2 is eligible for an annual 50
			 percent insurance copayment, not to exceed $2,000 per year between October 1,
			 1991 and December 31, 1995;
(b)
			 Tier 3 is eligible for an annual 75 percent insurance copayment, not to exceed
			 $3,000 per year between October 1, 1991 and December 31, 1996;
(c) Tier 4 is eligible for an annual 90
			 percent insurance copayment, not to exceed $3,600 per year between October 1,
			 1993 and December 31, 1996.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0030 - General Provisions, Insurance Copayment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person qualifying under OAR chapter
			 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 withORS
			 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.
Stat. Auth.:ORS 466.706-466.895 &466.995
Stats. Implemented: Sec. 38 - 43a, Ch. 863, OL
				  1991
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0040 - Application for UST Insurance Copayment Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
Any person wishing to apply for insurance copayment assistance
				under these rules shall submit a written application in accordance with OAR
				chapter 340, division 172.
Stat. Auth.:ORS 466.706-466.895 &466.995
Stats. Implemented: OL 1991, Ch. 863, Sec. 38 -
				  43a
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0050 - Additional Information Required on the UST Financial Assistance Application

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 466.706-466.895 &466.995
Stats. Implemented: OL 1991, Ch. 863, Sec. 38 -
				  43a
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0055 - Insurance Copayment Certificate of Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall issue an insurance
			 copayment certificate to an applicant who has filed a complete application and
			 meets the requirements of OAR chapter 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0060 - Requirement of Financial Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Chapter 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) through
			 (F).
Stat. Auth.:ORS 466.706-466.895 &466.995
Stats. Implemented:OL 1991, Ch. 863, Sec. 38 -
				  43a
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0065 - UST Insurance Requirements Letter

Current through Register Vol. 63, No. 7, July 1, 2024
A UST insurance requirements letter will be issued to the
				applicant upon completion of UST project work performed in accordance with OAR
				chapter 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.
Stat. Auth.:ORS 466.706-466.895 &466.995
Stats. Implemented: OL 1991, Ch. 863, Sec. 38 -
				  43a
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0070 - Insurance Copayment

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Chapter 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0080 - Insurance Cancellation and Termination

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 174 - UNDERGROUND STORAGE TANK INSURANCE COPAYMENT PROGRAM › Section 340-174-0090 - Appeal Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 466.706-466.895 &466.995
Stats. Implemented: OL 1991, Ch. 863, Sec. 38 -
				  43a
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0005 - Authority, Purpose, and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Chapter 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 in OAR
			 340-172-0010  and the
			 following definition apply to these rules.
(2) "Disbursing Agent" means lender or other
			 person deignated by the Department to disburse grant funds.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented:ORS 466.746 & OL 1991, Ch. 863, Sec.
				  7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0020 - Grant Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: OL 1993, Ch. 661
Stats. Implemented: OL 1991, Ch. 863, Sec.
				  6
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0030 - General Provisions, Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A person qualifying for Tier 3 UST financial assistance under OAR Chapter 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 Chapter 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.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented: OL 1991, Ch. 863, Sec. 6 &
				  7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0040 - Application for Grant

Current through Register Vol. 63, No. 7, July 1, 2024
Any person wishing to apply for a grant under these rules shall
				submit a written application in accordance with OAR Chapter 340, Division
				172.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented:OL 1991, Ch. 863, Sec.
				  7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0050 - Additional Information Required on the Financial Assistance Application

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0055 - Documents Required to Receive an Essential Services Grant

Current through Register Vol. 63, No. 7, July 1, 2024
(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) through (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
			 repayed 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 repayed to the Department.
Stat. Auth.: OL 1993, Ch. 661
Stats. Implemented:OL 1991, Ch. 863, Sec.
				  7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0060 - Grant Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall issue a grant certificate to an applicant who has filed a
			 complete application and meets the requirements of OAR Chapter 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.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented:OL 1991, Ch. 863, Sec.
				  7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0065 - Grant Confirmation

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 466.706 -ORS 466.895 &ORS 466.995
Stats. Implemented:OL 1991, Ch. 863, Sec.
				  7
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 175 - UNDERGROUND STORAGE TANK GRANT PROGRAM › Section 340-175-0070 - Grant Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Chapter 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 Chapter 340, Division 175, 176 or 178.