For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. For purposes of this division of administrative rules, unless the context demands otherwise:
- (1) "Applicant" means any public or private entity that is eligible under OAR 123, division 140 to receive an OBCF loan or grant and that has control over or access to a brownfields site, except those entities that may potentially be liable under CERCLA, or are currently suspended or debarred from receiving federal funding, or are otherwise declared ineligible.
- (2) "Brownfields" means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
- (3) "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act (42 United States Code 9601) as amended by the Small Business Liability Relief and Brownfields Revitalization Act (P.L. 107-118), and any subsequent amendments.
- (4) "Fund" means the Oregon Coalition Brownfields Cleanup Fund.
- (5) "Non-profit Organization" means as defined at Section 4(6) of the Federal Financial Assistance Management Improvement Act of 1999 except those non-profit organizations described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act of 1995.
- (6) "Program" means the Oregon Coalition Brownfields Cleanup Fund Program
- (7) "Project" means under this division those remedial ad/or removal action activities identified in the Contract for which the Recipient may expend, obligate or commit funds to address cleanup of a brownfields.
- (8) "Recipient" means an Applicant that has been awarded an OBCF grant or loan for a Project.
- (9) "Remedial and/or Removal Actions" means those eligible cost activities listed in the Program Guidelines and Application Handbook.
- (10) "Site" means the parcel or parcels of real property on which the funded activities will be performed;
- (11) "USEPA" means the Environmental Protection Agency of the United States federal government.
Statutory/Other Authority
ORS 285A.190 & 285A.192 & 285A.075
Statutes/Other Implemented
ORS 285A.190
History
OBDD 39-2010, f. 10-29-10, cert. ef. 11-1-10
OBDD 19-2010(Temp), f. & cert. ef. 5-21-10 thru 11-17-10
OBDD 8-2010, f. 3-30-10, cert. ef. 4-1-10
EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06