Or. Admin. Code § 340-259-0060 - Grant or Loan Agreements and Conditions

(1) Following approval of the application for a repower or retrofit grant or loan pursuant to OAR 340-259-0055, the Department and the applicant will enter into an agreement with the following terms and conditions:

(a) Recordkeeping requirements;

(b) Maintenance requirements;

(c) End date - term of project;

(d) Method of payment;

(e) Audit by the Department; and

(f) Other terms and conditions necessary to monitor compliance with applicable requirements of the grant or loan.

(2) Following approval of the application for a truck engine scrapping project, the Department will provide the grant money to the applicant within 30 days, provided that the allocation for truck scrapping grants has not been exceeded.

(3) If the repower or retrofit has not been fully completed within one year of the Department approval, funding may be terminated. The money allocated to the grant or loan will be available for reallocation by the Department.

(4) The Department may allow an extension of time for a grant or loan recipient to complete a project, upon receipt from the fund recipient, and Department approval, of acceptable documentation of need.

(5) The Department may at any time review and audit requests for payment and make adjustments due to mathematical errors, items not built or bought, unreasonable costs, lack of progress under the grant or loan, or other reasons.

(6) The Department may require grant and loan recipients to submit records and materials necessary to monitor compliance with applicable requirements and the grant or loan agreement, including but not limited to:

(a) Relevant invoices;

(b) For a repower or truck engine scrapping grant, an invoice for the scrapped engine that includes the name of the scrap yard, scrapping price and date, scrapped engine manufacturer and serial number, and, if available, EPA engine family number; and

(c) For a repower or truck scrapping grant, documentation that the engine block of the scrapped engine has had a hole drilled in it or has otherwise been destroyed or rendered inoperable.

(7) If the recipient does not comply with applicable requirements, including but not limited to the grant or loan agreement, the Department may:

(a) Order the recipient to refund all grants and loans received;

(b) Impose penalties pursuant to ORS 468.140; or

(c) Take any other appropriate legal or enforcement action.

(8) Grants and loans will be disbursed to the recipient within 30 days of receipt by the Department of a completed grant or loan disbursement request form accompanied by receipts, invoices or other documentation required by the grant or loan agreement.

Notes

Or. Admin. Code § 340-259-0060

DEQ 9-2008, f. & cert. ef. 7-11-08

Stat. Auth.: OL 2007, Ch. 855 (HB 2172 (2007)).

Stats. Implemented: OL 2007, Ch. 855 (HB 2172 (2007))