1. (1) For grants under OAR 340-122-0550(1), the local government unit and DEQ shall enter a grant agreement, including provisions regarding:

   1. (a) Specification of removal or remedial activities and DEQ oversight pursuant to an ORS 465.260 order or agreement;
   2. (b) Calculation, collection, and use of local government units’ surcharge or equivalent funding obligations under ORS 459.236(4);
   3. (c) Necessary cost documentation, accounting, and auditing procedures; and
   4. (d) Where applicable, recovery of remedial action costs from responsible parties.

2. (2) For loans under OAR 340-122-0550(2), the local government unit and DEQ shall enter a loan agreement, including provisions regarding:

   1. (a) The same items set forth in subsections (1)(a), (c) and (d) of this rule;
   2. (b) Calculation, collection, and use of local government units’ surcharge or equivalent funding obligations under ORS 459.236(5); and
   3. (c) A repayment plan for the amount of solid waste Orphan Site Account monies provided, plus payment of interest, but excluding the first $100,000 spent by the local government on removal or remedial activities.

Statutory/Other Authority

ORS 459.045, 459.236 & 459.311

Statutes/Other Implemented

ORS 459.005, 459.236, 459.311, 465.200-455 & 465.900

History

DEQ 7-1993, f. & cert. ef. 4-27-93