- (1) Any person, non-profit, or municipality is eligible to make application to the Department for assistance from the Fund as long as they are not subject to exclusion by ORS 285A.188(3)(a).
- (2) Eligibility under OAR 123-135-0030 shall also be determined based on the status of compliance with enforcement actions against the applicant by the Oregon Department of Environmental Quality.
- (3) If the applicant is not the land owner and the site is owned by a person that is excluded by OAR 123-135-0030(1), the application will not be accepted unless the applicant provides documentation adequately demonstrating how the funded activities will facilitate a transfer in ownership of the site to a person not subject to the exclusion.
- (4) An applicant who is a responsible party for a release of a hazardous substance or is liable for the cost of cleanup at the project site according to ORS 465.255, must provide some form of contribution to the project to be eligible.
- (5) An applicant that makes willful misrepresentations regarding applicant eligibility on a Fund application may be subject to the remedies described in OAR 123-135-0090.
- (6) Applicant must have the authority and ability to enter into a contract with the Department.
Statutory/Other Authority
ORS 285A.075
Statutes/Other Implemented
ORS 285A.185 & 285A.188
History
OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10
EDD 18-2002, f. & cert. ef. 12-10-02
Reverted to EDD 2-2001, f. & cert. ef. 2-1-01
EDD 10-2002(Temp), f. & cert. ef. 5-15-02 thru 11-11-02
EDD 8-2001(Temp), f. & cert. ef. 11-15-01 thru 5-14-02
EDD 2-2001, f. & cert. ef. 2-1-01