Or. Admin. Code § 340-016-0009 - Certification of wood chippers

For the purpose of subdelegating authority to approve and issue final certification of pollution control facilities under OAR 340-016-0080(2):

(1) The Environmental Quality Commission authorizes the Director of the Department of Environmental Quality or the Director's delegate to certify wood chippers as provided in OAR 340-016-0060(4)(h)(C) if:

(a) The Department determines the facility is otherwise eligible under OAR 340-016-0060; and

(b) The claimed facility cost does not exceed $50,000 as set forth in OAR 340-016-0075(1).

(2) The Department may elect to defer certification of any facility to the Environmental Quality Commission.

(3) If the Department determines the facility cost, the percentage of the facility cost allocable to pollution control, or the applicable percentage under ORS 468.173 is less than the applicant claimed on the application then the Department shall:

(a) Notifying the applicant in writing; and

(b) Include a concise statement of the reasons for the proposed certification of a lesser amount or percentage; and

(c) Include a statement advising the applicant of their rights under section (4).

(4) Applicants that receive a notification under section (3) may elect to defer certification to the Environmental Quality Commission by notifying the Department within 30 days of the notification date.

(5) The Department shall defer certification to the Environmental Quality Commission according to sections (2) and (4).

(6) The Director or the Director's delegate shall certify facilities that otherwise qualify under this rule and have not been deferred according to sections (2) or (4).

Notes

Or. Admin. Code § 340-016-0009

DEQ 16-2002, f. 10-28-02 cert. ef. 11-1-02

Stat. Auth.: ORS 468.020 & 483.335(5)

Stats. Implemented: ORS 468.155-468.190