Or. Admin. R. 340-122-0590 - Limitations
(1) Funding from
the solid waste Orphan Site Account under these rules does not substitute for
existing obligations, including solid waste disposal site financial assurance
requirements of ORS Chapter 459.
(2) DEQ may apply the factors set forth in
OAR
340-122-0540 to
use solid waste Orphan Site funds for interim removal actions instead of final
remedial actions. DEQ is not obligated to use solid waste Orphan Site Account
funds to undertake final remedial action or to pay with solid waste Orphan Site
Account monies all remedial action costs exceeding surcharge or equivalent
funding.
(3) These rules do not
provide an exemption or defense to liability to third parties or to a DEQ
enforcement or cost recovery action should a local government unit refuse to
undertake necessary remedial activities or fail to apply surcharge or
equivalent funding as required by a loan or grant agreement with DEQ .
(4) These rules do not preclude multiple
local government units or potentially responsible parties from agreeing to
apportion responsibility for remedial action costs, which apportionment may be
reflected in the amount of solid waste Orphan Site Account funding
requested.
(5) These rules do not
prevent DEQ from undertaking or requiring emergency removal or remedial
activities as necessary to protect public health, safety, and welfare or the
environment.
(6) These rules do not
require DEQ to spend all available solid waste Orphan Site Account funds during
any given funding cycle. DEQ may, for example, retain a portion of funds to be
used as a reserve for potential emergency actions or for future use at a
prospective higher priority site.
Notes
Stat. Auth.: ORS 459.045, ORS 459.236 & ORS 459.311
Stats. Implemented: ORS 459.005, ORS 459.236, ORS 459.311, ORS 465.200 - ORS 465.455 & ORS 465.900
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