Or. Admin. Code § 123-130-0030 - Applicant Eligibility
(1) Any private
person not currently liable under ORS 465.255 for an existing release of
hazardous substances at a site is eligible to make application to the
Department for assistance from the Fund.
(2) Eligibility under OAR 123-130-0030 shall
also be determined based on the status of compliance with enforcement actions
against the applicant by a government agency. If the applicant is not the owner
and the site is owned by a person that is liable under ORS 465.255, 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 liable under ORS 465.255 or will be
managed by an eligible operator.
(3) An applicant that makes false or willful
misrepresentations regarding applicant eligibility on a Fund application may be
subject to the remedies described in OAR 123-130-0080.
(4) Applicant must have the authority and
ability to execute a financing contract with the Department.
Notes
Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198
Statutes/Other Implemented: ORS 465.255 & ORS 285A.193 - 285A.198
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