Or. Admin. R. 340-180-0060 - Loan Guarantee Certificate
(1) In accordance with this part, the
Department shall issue a loan guarantee certificate to an applicant who has
filed a complete application.
(2)
At the beginning of each month the Department shall determine the portion of
the funds in the Underground Storage Tank Compliance and Corrective Action Fund
that shall be used for the expenses of approved loan guarantee applications
during the month. The portion dedicated to the loan guarantee expenses shall be
distributed in the following manner:
(a)
Sixty percent of the month funds shall be set aside for the expenses of
category "A" loan guarantees;
(b)
Thirty percent of the month funds shall be set aside for the expenses of
category "B" loan guarantees;
(c)
Ten percent of the month funds shall be set aside for the expenses of category
"C" loan guarantees;
(d) Funds set
aside within a category during any month shall be used to provide loan
guarantee certificates for loan applications received during the previous
month, first providing loan guarantee certificates to applications with the
highest numerical ranking within the category, then to applications with the
next highest numerical ranking within the category, and so on in numerical
order, except:
(A) Within a category, any
loan guarantee application not receiving a loan guarantee certificate during a
month shall receive a loan guarantee certificate before any new application
received during any subsequent month;
(B) Where loan applications have the same
numerical ranking, the loan application with the earliest filing date shall
receive a loan guarantee certificate first.
(e) At the end of the month, funds not used
to provide loan guarantee certificates shall be added to the funds the
Department makes available during the next month;
(f) Loan guarantee applications within a
category that do not receive a loan guarantee certificate within the current
month shall be funded first in time and in priority order within that category
during the following month, and so on in subsequent months.
(3) The loan applicant may not
assign any right, title, and interest in the loan guarantee certificate or the
loan guarantee to any person other than a subsequent property owner, tank owner
or permittee of the underground storage tank facility.
(4) Loan guarantee certificates shall be
valid for 180 days or the termination date shown on the loan guarantee
certificate.
Notes
Stat. Auth.: ORS 466.706 -ORS 466.995
Stats. Implemented: OL 1989, Ch. 1071
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